Glossary entry

French term or phrase:

litige

English translation:

dispute

Added to glossary by Nikki Scott-Despaigne
Dec 11, 2002 15:37
22 yrs ago
9 viewers *
French term

LITIGE

French to English Law/Patents
For a heading, would we say "DISPUTES" rather than "DISPUTE"? And is "Article" "Article" or "Item" or doesn't it matter?

Article 10 : LITIGE

En cas de litige, la loi française est applicable à la présente Convention

Proposed translations

+1
1 hr
Selected

dispute

It's dispute, pure and simple. Legal action or litigation (or arbitration for that matter) may arise as a result of a dispute, but the section in question probably refers to potential disputes between the parties and how they will be handled
Peer comment(s):

agree Nikki Scott-Despaigne : Ouf, at last ! Yes, a para headed "litige" sets out the provions for resolving disputes. The word "litigation" is to be avoided as a dispute may end up forming the basis of litigation but can go through all sorts of phases without a writ ever beign issued
10 hrs
Thanks Nikki
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3 KudoZ points awarded for this answer. Comment: "Thank you"
+2
15 mins

legal dispute

I assume you are working on a contract? If so, it would be "legal dispute." If this is an article about the judicial process, on the other hand, you'd want to use "litigation."

In a contract, you usually use "provision," "clause" or "stipulation," although "article" could be used, too. First choice: "provision." I'm not familiar with the use of "item."
Reference:

Termium

Peer comment(s):

agree Sam D (X) : Absolutely
58 mins
agree Nikki Scott-Despaigne : In the heading of an article ina contract, the common UK solution would be "Disputes" in the plural. The paragraph would begin using the signular : "In the event of a dispute..." and go on to state the way the provisions for handling disputes.
11 hrs
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16 mins

Litigation

This is what I would use
Peer comment(s):

agree cjohnstone : so would I
55 mins
disagree PaulaMac (X) : This is what may or may result from a dispute
1 hr
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17 mins

Litigation

Litige = litigation, suit, dispute at law, depending on the context. However, I would go for "Litigation" in your case. Or, if you want, "Legal Dispute".
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18 mins

Section 10 : Proceeding (or Controversy)

Proceeding has a broader signification
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19 mins

litigation

or: legal dispute, lawsuite, legal action.
article: article of a contract, for instance. Not 'Item' as it means an object.
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+1
32 mins

Governing Law

...I'd use for the heading of the Article/Section (as said before, Section is one possible translation of Article).

In the text, however, I'd use "In case of any legal dispute arising from the present [OR: from this] Agreement, French law shall apply."

HTH
Steffen :-)

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Note added at 2002-12-11 16:13:16 (GMT)
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\'as said before\' was meant to read \'as said in my answer to your question regarding \'visées\'.
Peer comment(s):

agree Yolanda Broad : Yes, that would be the correct heading for that clause, whatever the French contract may say!
11 hrs
Thanks again :-)
disagree Nikki Scott-Despaigne : "Loi applicable" would be rendered in UK legal contexts by "Applicable law" or even "Jurisdiction" is that is not dealt with under a spearate heading. HOWEVER, the question here is for "litige" which refers to the handling of disputes.
11 hrs
I beg to (partly) disagree (but this may indeed be a US vs UK issue) - 'la loi française est applicable' clearly indicates that this *is* a clause on Governing Law (most probably preferred US usage)/Jurisdiction (UK).
agree Per Incuriam : to Nikki: 1. "governing law" is standard usage on both sides of the pond. 2. "applicable law" and "jurisdiction" are two quite separate matters. 3. "Governing Law" is exacly how this clause should and would be headed.
20 hrs
Thanks for pointing this out :-)
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-1
12 hrs

dispute - notes

I agree wholeheartedly with Paula's simple straightforward answer.

Looking back at my peer grading comments, my remark to Steffen's answer seems harder than I meant it to be!

Contractual provisions relating to jurisdiction, applicable law and disputes generally are sometimes dealt with under one, two or three clauses in a contract. There are separate translations for each :

litige : disputes
loi applicable : applicable law
juridiction : jurisdiction

The first one is the most general and sometimes, but not always covers the other two. The second and third often overlap. A clause on applicable law generally states that the contract is governed by the law of country X. In French contracts jurisdiction generally states to which court (e.g. Tribunal de Commerce de Paris) any matters shall be referred if an amicable agreement cannot be reached. Note that in the UK, a clause headed "Jurisdiction" generally makes provision for which country's law shall apply.

So, the word "litige" refers to the handling of disputes generally, amicably, out of court, arbitration etc... It may include provisons as to which law shall apply, and state which court any unresolved disputes shall be referred to. Never the less, the heading is "disputes".
Peer comment(s):

disagree Per Incuriam : see my comment to Steffen, your notes do not reflect standard usage in English-language contracts
10 hrs
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