its

English translation: laws of the state of New York

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

13:51 Jun 21, 2018
English to English translations [Non-PRO]
Law/Patents - Law: Contract(s)
English term or phrase: its
Question: The word "its" here replaces "Terms of Service's" or "laws of the State of New York (USA)"?
I can see "law" is in plural form, but this is not from a native, so I need to be sure.

Context:
These Terms of Service, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of the State of New York (USA) and any actions resulting to be performed within the State of New York, and without reference to its conflict of laws principles or the United Nations Conventions for the International Sale of Goods.
Nam Vo
Vietnam
Local time: 21:39
English translation:laws of the state of New York
Explanation:
...without reference to any conflict between them and the laws...
Selected response from:

Jack Doughty
United Kingdom
Local time: 15:39
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +3laws of the state of New York
Jack Doughty
4Neither
AllegroTrans
4 -1the principles about resolving conflicts of jurisdiction contained in the laws of the State of N.Y.
Daryo


Discussion entries: 6





  

Answers


12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
laws of the state of New York


Explanation:
...without reference to any conflict between them and the laws...

Jack Doughty
United Kingdom
Local time: 15:39
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 116
Grading comment
Selected automatically based on peer agreement.
Notes to answerer
Asker: Thank you very much :)


Peer comments on this answer (and responses from the answerer)
agree  writeaway: imo, it refers to the State of New York: resulting to be performed within the State of New York, and without reference to its conflict of laws principles
24 mins
  -> Thank you.

agree  philgoddard: The state, not the laws - otherwise it would say "their". But the meaning is the same.
28 mins
  -> Thank you.

disagree  Daryo: you missed the key point in your explanation, so getting right **only** that its = of the State of NY is of very limited help.
4 hrs

agree  Rachel Fell: Yes, agree with writeaway: resulting to be performed within the State of New York, and without reference to its [the State of New York's] conflict of laws principles
8 hrs
  -> Thank you.

agree  bonafide1313: however, if by "them" in your explanation you mean the ToC, I wouldn't agree with that part ... this is not about the conflict of ToC with any law, but about what law would be applied in potential disputes
10 hrs
  -> Thank you.

neutral  Yvonne Gallagher: "its" = State of New York
18 hrs
Login to enter a peer comment (or grade)

3 days 9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Neither


Explanation:
"its" refers to the State of New York.

AllegroTrans
United Kingdom
Local time: 15:39
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
neutral  Daryo: yes, but you need to also get right what comes after.
23 hrs
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
its conflict of laws principles
the principles about resolving conflicts of jurisdiction contained in the laws of the State of N.Y.


Explanation:
and without reference to its (N.Y. State's) conflict of laws principles
i.e.
ALL the laws of the State of New York are applicable, EXCEPT its "law of the conflict of laws" -

IOW the principles of how "conflicts of applicable laws / jurisdictions" are to be solved according to the laws of the State of New York are NOT to be referred to (taken into account/applied);

in practical terms: even if the New York State's "law of the conflict of laws" (or its principles) would make another jurisdiction competent, that doesn't matter - any dispute is still to be resolved in the courts of the State of New York.

see:

https://www.britannica.com/topic/conflict-of-laws

https://www.google.co.uk/search?q=solving conflicts of juris...



--------------------------------------------------
Note added at 5 hrs (2018-06-21 19:25:24 GMT)
--------------------------------------------------

it's about which laws are to be applied to this contract and which courts will decide in case of a dispute.

--------------------------------------------------
Note added at 4 days (2018-06-25 23:18:00 GMT)
--------------------------------------------------

BTW, where the contract is going to be executed is totally irrelevant in this sentence - this clause is ONLY about applicable law, NOTHING MORE.

You could have a contract executed in one country (or even "nowhere" - in international waters, in geostationary orbit ...) and the applicable law could be from another country, and a possible dispute could be resolved in some third country.



Daryo
United Kingdom
Local time: 15:39
Specializes in field
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 12
Notes to answerer
Asker: Thank you, Daryo :)


Peer comments on this answer (and responses from the answerer)
disagree  writeaway: its refers back to the state of New York. You missed the point of the question
2 hrs
  -> you missed the point of the whole sentence - AFAIK it's the whole sentence that needs to be understood correctly before attempting any translation - unless you can propose some better novel method? // BTW: the contract could be performed ANYWHERE!!

agree  bonafide1313
4 hrs
  -> Hvala!

disagree  Yvonne Gallagher: with writeaway
13 hrs
  -> have you really read my answer? it's an explanation for the whole of "its conflict of laws principles" - says just at the beginning ... (just in case you read at least the beginning)
Login to enter a peer comment (or grade)



KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:

Your current localization setting

English

Select a language

Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search