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|German to English translations [PRO]|
|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|
|English translation:See suggested translation:|
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:
Local time: 13:53
|thank you so much everyone|
4 KudoZ points were awarded for this answer
10 mins confidence: peer agreement (net): +3
the reconciliation proceedings hem/hinder ....
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.
Note added at 2002-05-19 14:09:11 (GMT)
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.
Local time: 03:53
Native speaker of: German
PRO pts in pair: 3377