compulsory claims

English translation: not necessarily

18:21 Aug 31, 2013
English language (monolingual) [PRO]
Law/Patents - Law (general) / General
English term or phrase: compulsory claims
Section 11.4 Multiple Actions The Parties acknowledge that the remedies set forth in this Agreement may require multiple proceedings to be conducted following default, with respect to the injuries sustained by a Party hereto. The Parties agree that neither party shall be prevented from commencing and prosecuting such multiple proceedings as a result of any prior proceedings, hereby waive any claim of lack of diligence, waiver, compulsory claims and similar defenses with respect thereto.
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Are "compulsory claims" the same as "compulsory counterclaims"?

Actually I don't understand the 2nd sentence at all, maybe because I don't know the legal scenario, or maybe because it is written by a non-native speaker.
Ms Faith
Selected answer:not necessarily
Explanation:
Compulsory = barred later if you don't file right now. Compulsory counterclaims are claims you need to file against the plaintiff as a defendant or lose them. Depending on the jurisdiction, there might perhaps exist some kind of compulsory claims that are not counterclaims, compulsory because they'll be lost if they aren't pursued within a certain specific time window or other limits.

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Note added at 19 hrs (2013-09-01 13:27:20 GMT)
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Perhaps your trouble with that sentence results from the unorthdox conjunction. If you imagine 'hereby waiving' instead of 'hereby waive', 'and' before 'hereby' waive' ('..., and hereby waive'), it should be easier.

Here's how the structure breaks down:

The Parties:
1. agree that neither party shall be prevented from etc.; and
2. hereby waive any claim of such and such with respect to #1.

Please let me know if this helps.
Selected response from:

Łukasz Gos-Furmankiewicz
Poland
Local time: 18:24
Grading comment
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
3not necessarily
Łukasz Gos-Furmankiewicz


  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
not necessarily


Explanation:
Compulsory = barred later if you don't file right now. Compulsory counterclaims are claims you need to file against the plaintiff as a defendant or lose them. Depending on the jurisdiction, there might perhaps exist some kind of compulsory claims that are not counterclaims, compulsory because they'll be lost if they aren't pursued within a certain specific time window or other limits.

--------------------------------------------------
Note added at 19 hrs (2013-09-01 13:27:20 GMT)
--------------------------------------------------

Perhaps your trouble with that sentence results from the unorthdox conjunction. If you imagine 'hereby waiving' instead of 'hereby waive', 'and' before 'hereby' waive' ('..., and hereby waive'), it should be easier.

Here's how the structure breaks down:

The Parties:
1. agree that neither party shall be prevented from etc.; and
2. hereby waive any claim of such and such with respect to #1.

Please let me know if this helps.

Łukasz Gos-Furmankiewicz
Poland
Local time: 18:24
Specializes in field
Native speaker of: Polish
PRO pts in category: 8
Notes to answerer
Asker: Thank you Lukasz, if possible and convenient to you, could you please explain the scenario and mechanism of the last sentence to me? I have to understand it before I can translate it.

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