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one last legal phrase

English translation: See suggested translation:

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23:31 May 18, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: one last legal phrase
Das Schlichtungsverfahren hemmt die Verjährungs- und Ausschlussfristen für alle Ansprüche aus dem streitigen Sachverhalt in dem in § 3 der Schlichtungsordnung bestimmten Zeitraum
Dr Janine Manuel BSc BHB MBChB
New Zealand
Local time: 13:53
English translation:See suggested translation:
Explanation:
The initiation of arbitration proceedings will stay both the period of limitation and the cut-off period for any and all claims and entitlements arising from the issue at dispute during the period of time specified in section 3 of the rules of arbitration.

Explanation re choice of terminology:
- I included "initiation of" in the English although the German does not specifically talk about the *Einleitung* of a Schlichtungsverfahren. However, as it is in fact the initiation of these proceedings, that would trigger suspension / stay, I believe it makes the sentence clearer to the reader.

- I chose stay for no reason other than none of the other answerers had suggested it - "suspend" works just as well. I would be careful with "toll", though - this seems to be a specifically AE legal term and would not be clearly understood if you are translating for a BrE audience.

- Ausschlussfrist = "cut-off period (period after which a right can no longer be exercised); term of preclusion; reclusive period" as per Dietl/Lorenz, Legal dico, with the added explanation: "In contrast to the ordinary Statute of Limitations, (barring only the remedy which must be pleaded), the passage of a period after which a right is precluded is subject to judicial notice"

- rules of arbitration: since I believe that you are not dealing with an employment matter, mediation or conciliation wouldn't be appropriate. In commercial cases, arbiration is used.

- And finally, in this instance I did not use the common "shall" but "will", as no obligation is expressed in this sentence. But since lawyers use "shall" liberally, and whether or not it's appropriate, it doesn't really matter.

You'll be pleased to hear that it is over-cast and cool in windy Wellington - right now you are probably better of where you are (weather-wise anyway ... ;-)
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 13:53
Grading comment
thank you so much everyone
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +2During the time set forth in Section 3 of Regulations on Mediation
Dr. Fred Thomson
4 +3the reconciliation proceedings hem/hinder ....
swisstell
5See suggested translation:Beate Lutzebaeck
4attempt
William Stein


  

Answers


10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
the reconciliation proceedings hem/hinder ....


Explanation:
the status of limitations and exclusions of all demands resulting from the litigation within the time frame defined by the rules of reconciliation.

Take your pick of hem or hinder. And have a good weekend, or what's left of it.

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Note added at 2002-05-19 14:09:11 (GMT)
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corrected version with some great help as below (thanks guys!):

The arbitration proceedings hinder the statutes of limitation and exclusions of all demands resulting from the litigation within the time frame defined by the rules of reconciliation.

swisstell
Italy
Local time: 03:53
Native speaker of: German
PRO pts in pair: 3377

Peer comments on this answer (and responses from the answerer)
agree  Chris Rowson: Pick "hinder" - I don´t think" hem" is used like this. And I would say "arbitration proceedings" or just "arbitration", but you will your translation for this already.
7 hrs

agree  xxxbrute: statutes of limitation ...
12 hrs

agree  gangels: Yes, Chris's and Brute's pointers will make it perfect
14 hrs
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16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
attempt


Explanation:
The mediation procedure suspends the (running of) the Staute of Limitations and the time-limit for filing a claim for all claims arising from the disputed facts within the period of time stipulated in § 3 of the mediation order.

What book of poetry did you get this one from?

William Stein
Costa Rica
Local time: 19:53
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1734
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +2
During the time set forth in Section 3 of Regulations on Mediation


Explanation:
the mediation process tolls the statute of limitations and the time limits for filing claims for all claims arising from the matter in dispute.

"Toll" is the legalese term used in place of suspend. "Suspend" certainly carries the idea, but you are probably going from legalese to legalese.

Dr. Fred Thomson
United States
Local time: 19:53
Native speaker of: English
PRO pts in pair: 5861

Peer comments on this answer (and responses from the answerer)
agree  Chris Rowson: "Toll" is deep legalese though. I think "suspend" works just as well. It is not necessary for contracts to be written like this, they are still valid when they are comprehensible to the ordinary person, and that is often preferred nowadays.
6 hrs

agree  xxxbrute
12 hrs
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22 hrs   confidence: Answerer confidence 5/5
See suggested translation:


Explanation:
The initiation of arbitration proceedings will stay both the period of limitation and the cut-off period for any and all claims and entitlements arising from the issue at dispute during the period of time specified in section 3 of the rules of arbitration.

Explanation re choice of terminology:
- I included "initiation of" in the English although the German does not specifically talk about the *Einleitung* of a Schlichtungsverfahren. However, as it is in fact the initiation of these proceedings, that would trigger suspension / stay, I believe it makes the sentence clearer to the reader.

- I chose stay for no reason other than none of the other answerers had suggested it - "suspend" works just as well. I would be careful with "toll", though - this seems to be a specifically AE legal term and would not be clearly understood if you are translating for a BrE audience.

- Ausschlussfrist = "cut-off period (period after which a right can no longer be exercised); term of preclusion; reclusive period" as per Dietl/Lorenz, Legal dico, with the added explanation: "In contrast to the ordinary Statute of Limitations, (barring only the remedy which must be pleaded), the passage of a period after which a right is precluded is subject to judicial notice"

- rules of arbitration: since I believe that you are not dealing with an employment matter, mediation or conciliation wouldn't be appropriate. In commercial cases, arbiration is used.

- And finally, in this instance I did not use the common "shall" but "will", as no obligation is expressed in this sentence. But since lawyers use "shall" liberally, and whether or not it's appropriate, it doesn't really matter.

You'll be pleased to hear that it is over-cast and cool in windy Wellington - right now you are probably better of where you are (weather-wise anyway ... ;-)

Beate Lutzebaeck
New Zealand
Local time: 13:53
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
Grading comment
thank you so much everyone
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