Glossary entry

French term or phrase:

droit de compromettre

English translation:

the right to enter into an arbitration agreement (on behalf of the person in question)

Added to glossary by Diana Chemparathy
Jul 4, 2007 18:26
16 yrs ago
5 viewers *
French term

droit de compromettre

French to English Law/Patents Other
"Une clause arbitrale ne peut etre opposee a une personne qui ne l'a pas signee personnellement, a moins que cette personne ne soit engagee par la signature d'un organe ou d'un tiers habilite a agir pour elle par un pouvoir comprenant le droit de compromettre"

thank you
Change log

Jul 9, 2007 11:41: Diana Chemparathy changed "Edited KOG entry" from "<a href="/profile/108667">Diana Chemparathy's</a> old entry - "droit de compromettre"" to ""the right to enter into an arbitration agreement (on behalf of the person in question)""

Proposed translations

+1
14 hrs
Selected

the right to enter into an arbitration agreement (on behalf of the person in question)

affaire - compromettre une affaire - submit a case to arbitration

capacité de compromettre - capacity to enter into an arbitration agreement

also, compromis - arbitration agreement relating to a dispute which has already arisen

Council of Europe Legal Dictionary.
Peer comment(s):

agree MatthewLaSon : That's what "right to arbitrate" clearly implies.
4 days
Thanks, Matthew!
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4 KudoZ points awarded for this answer. Comment: "thank you"
14 mins

the right (the power) to bind, to commit

It would literally be the right to have the person be committed, but a more proper English translation would be the right or power to bind the person. In other words, normally one cannot be bound to an agreement or clause unless one has personally signed same, but in this case if there were a power signed in behalf of a third party, that could 'bind' the person.
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11 hrs

right to arbitrate

Hello,

I think that this means "right to arbitrate" (someone selected to settle disputes between parties.

I hope this helps.

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Note added at 2 days23 hrs (2007-07-07 18:13:16 GMT)
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right to abritrate = right to an aribitration agreement (that's the reason why one does it in the first place)

I'd translate the entire sentence as follows:

An arbitration clause cannot be invoked against an individual who has not personally signed it, unless the person is bound by the signature of an organization or a third party entitled to act on his behalf with authority to evoke the right to arbitrate.

I'm not entirely sure about the meaning "organes".
Peer comment(s):

neutral Tony M : Can't quite see where you get this from, Matt? It is clearly referring to one of the litigating parties, so at best it might be 'to agree a compromise'...
10 mins
The right to arbitrate seems to be the meaning. It doesn't seem to have any other meaning in a legal context. It does fit the context if you read the sentence closely.
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