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Contrôle par le Bailleur

Glossary entry

French term or phrase:

annulation civile

English translation:

attempts to have the decision/ruling set aside in the civil courts

Added to glossary by Jeffrey Henson
Jan 26, 2017 20:21
7 yrs ago
3 viewers *
French term

annulation civile

French to English Law/Patents Law (general) Conclusions en Réplique du Tribunal de Grande Instance
Hello all,
Would some of you legal eagles mind telling me how you understand the above mentioned term ?

"Parallèlement aux tentatives ***d’annulation civile*** de la sentence du 6 décembre 2002, le Parquet de (ville), saisi par la Chambre d’arbitrage de (ville), a décidé d’ouvrir une enquête préliminaire visant le collège arbitral et, plus spécifiquement M. XXX."

Would it just be something like "In parallel with the attempts at quashing the award of 6 December 2002 in the civil courts..." or perhaps "Parallel to the attempts at having the civil courts set aside the award of 6 December 2002..." ?

Any insight is greatly appreciated.
Cheers!
Jeff
Proposed translations (English)
3 +3 attempts to have the decision/ruling set aside in the civil courts
3 +1 annulment
3 civil invalidation

Discussion

Jeffrey Henson (asker) Jan 27, 2017:
@ Nikki Thanks Nikki ! This confirms my first instinct. As for "sentence", I was simply trusting my ressources: My 2-volume United Nations Law Terminology glossary translates "sentence arbitrale" as "arbitral award". Likewise, the Council of Europe Legal dictionary translates "sentence" as "(arbitral) award; decision; judgment (of a district court of industrial tribunal)." Cheers !
Jeffrey Henson (asker) Jan 27, 2017:
@ Allegro Basically, it's a litigation between two companies over a breach of contract. Each of them named an arbitrator, who collectively named a third. In the end, it turned out that the 3rd arbitrator had close ties to one of the companies involved in the case. He did not disclose this information or recuse himself from the case. Now the other company has filed an appeal to have the arbitration award set aside. Hope this is clear.
AllegroTrans Jan 26, 2017:
Asker we need more context please; specifically what kind of case this is
Jeffrey Henson (asker) Jan 26, 2017:
Ok, this is what I have put tentatively. Does this seem correct ?

"In parallel with the attempts to have the civil courts set aside the award of 6 December 2002, the Public Prosecutor in (city), to whom the case was referred by the Arbitration Chamber of (city), decided to open a preliminary investigation of the arbitration board and, more specifically, of Mr. XXX".

Proposed translations

+3
13 hrs
French term (edited): tentatives d'annulation civile de la sentence
Selected

attempts to have the decision/ruling set aside in the civil courts

From the info posted, I would go with a verbal expression, rendering the idea of "annulation" with "to set aside", here "to hve X set aside".
Not sure what "sentence" is here as the civil courts in teh UK do not dish out sentences, a term which is reserved for criminal law contexts. That is why I suggest "decision" or "ruling". You use "award" which I read to mean that you know the decision awards compensation.

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Note added at 13 hrs (2017-01-27 10:05:51 GMT)
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https://www.judiciary.gov.uk/about-the-judiciary/the-justice...

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Note added at 13 hrs (2017-01-27 10:06:56 GMT)
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http://legal-dictionary.thefreedictionary.com/set aside
Peer comment(s):
agree AllegroTrans : yes, and correct terminology
6 mins
agree Nathalie Stewart
3 hrs
agree Daryo
11 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks so much Nikki! You're a peach !"
+1
12 hrs

annulment

Usually used in legalese for marriages, but could also be used for contracts or sentences. Invalidation means the same in plain English.
Reference:

http://www.linguee.com/english-french/search?source=french&query=annulation+civile

Note from asker:
Thanks very much for your help, Ben!
Peer comment(s):
agree Nikki Scott-Despaigne : English begs the use of a verb here, thus "to annul". "In addition to attempts to have the decision annuled in the civil courts...." Also, the term "sentence" cannot be used in connection with civil matters.
1 hr
neutral writeaway : so the word 'civil' is simply dropped?
1 hr
Something went wrong...
23 mins

civil invalidation

(My guess)

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Note added at 16 hrs (2017-01-27 13:09:34 GMT)
--------------------------------------------------

Sorry, it was only a guess. I was trying to steer clear of 'civil annulment' as that would usually mean annulment of a marriage (not the right context here). Since 'invalidation' is widely used to denote all kinds of cancellation or voiding (http://legal-dictionary.thefreedictionary.com/invalidate), I thought it might be a good idea to use it here in the context of a civil law decision.
Note from asker:
Thanks Nathalie. Any references ?
Thanks very much for your help, Nathalie!
Peer comment(s):
neutral writeaway : your confidence level is higher than a guess. 1 or 2 is a guess. and with no refs it can only be a guess
1 hr
ok - I did mention "My guess" - will lower my confidence level next time, then.
neutral AllegroTrans : anything to support this? this is not a term used in civil litigation (at lest not here in UK) and doesn't really make alot of sense
1 hr
See above - it was only a guess
agree Ben Gaia : A perfectly good translation.
12 hrs
Thank you.
disagree Nikki Scott-Despaigne : Sorry Nathalie, but this does not read as authentic English. I get 16 Google hits, some of which are "civil, invalidation..." or translations from French originals.
13 hrs
See above - it was only a guess
Something went wrong...
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