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  3. Law: Contract(s)

dass die Schlichtung nicht zu einer Bindung an Tatsachenfeststellungen führt

English translation: See suggested translation:

06:21 May 19, 2002
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: dass die Schlichtung nicht zu einer Bindung an Tatsachenfeststellungen führt
dass die Schlichter neutral sind, die Schlichtung nicht zu einer Bindung*** an Tatsachenfeststellungen führt und der Rechtsweg zu einem nach diesem Vertrag vereinbarten Gericht der ordentlichen Gerichtsbarkeit offen bleibt, ohne daß es zuvor eines Schlichtungsverfahrens bedürfte.
Dr Janine Manuel BSc BHB MBChB
New Zealand
Local time: 21:00
English translation:See suggested translation:
Explanation:
... that the arbitrators shall be neutral, the arbitration shall not result in the parties being bound to the finding of facts, and that recourse to the court of ordinary jurisdiction agreed upon as legal venue in the present contract shall be available without prior performance of arbitration proceedings being necessary.

It would have been helpful to see the entire sentence - I'm assuming that this arbitration clause starts with s.th. along the lines of "Die Parteien vereinbaren, dass" = The parties agree that ...

I'm also assuming that this clause does not refer to employment law conflicts, in which case Schlichtung would have to be translated as "conciliation" or "mediation".

Background: The parties are reserving the right to seek recourse to an ordinary court of law, whether or not they first went through arbitation. In case they had gone through arbitration before applying to a court of law, they want to make sure that they are not bound by whatever findings of fact the arbitrators came up with. Of course, a court of law would not be bound by the findings of arbitrators, but the arbitrators' findings of fact may be introduced as evidence, such as admissions / concessions made by one party during the arbitration proceedings. Evidently, the parties don't want to be bound by any such admissions / concessions and therefore exclude any binding effect of the facts established in arbitration.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 21:00
Grading comment
Thanks Darien and Chris
4 KudoZ points were awarded for this answer



Summary of answers provided
4See suggested translation:
Beate Lutzebaeck
2Concession
Chris Rowson (X)


  

Answers


1 hr   confidence: Answerer confidence 2/5Answerer confidence 2/5
Concession


Explanation:
"Bindung" of course suggests binding, or obligation. But here it is a question of "determination of facts". In English legal language you "concede" a fact, and I think that the meaning here is that whatever happpens in the arbitration, the company has not conceded any facts.

Chris Rowson (X)
Local time: 11:00
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
See suggested translation:


Explanation:
... that the arbitrators shall be neutral, the arbitration shall not result in the parties being bound to the finding of facts, and that recourse to the court of ordinary jurisdiction agreed upon as legal venue in the present contract shall be available without prior performance of arbitration proceedings being necessary.

It would have been helpful to see the entire sentence - I'm assuming that this arbitration clause starts with s.th. along the lines of "Die Parteien vereinbaren, dass" = The parties agree that ...

I'm also assuming that this clause does not refer to employment law conflicts, in which case Schlichtung would have to be translated as "conciliation" or "mediation".

Background: The parties are reserving the right to seek recourse to an ordinary court of law, whether or not they first went through arbitation. In case they had gone through arbitration before applying to a court of law, they want to make sure that they are not bound by whatever findings of fact the arbitrators came up with. Of course, a court of law would not be bound by the findings of arbitrators, but the arbitrators' findings of fact may be introduced as evidence, such as admissions / concessions made by one party during the arbitration proceedings. Evidently, the parties don't want to be bound by any such admissions / concessions and therefore exclude any binding effect of the facts established in arbitration.


    Dietl/Lorenz, Legal dico
Beate Lutzebaeck
New Zealand
Local time: 21:00
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 258
Grading comment
Thanks Darien and Chris
Login to enter a peer comment (or grade)



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