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at torn to the exclusive jurisdiction

French translation: se soumettre à la juridiction exclusive de

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:at torn to the exclusive jurisdiction
French translation:se soumettre à la juridiction exclusive de
Entered by: Sophie Oliveau-Moore

18:36 Oct 5, 2017
English to French translations [PRO]
Law/Patents - Law: Contract(s) / contracts
English term or phrase: at torn to the exclusive jurisdiction
Bonjour
Je traduis un contrat dont le langage juridique est très touffu. Je ne comprends pas du tout ce que veux dire le terme « at torn ». Est-ce la même chose que « attorn » (http://www.btb.termiumplus.gc.ca/tpv2alpha/alpha-eng.html?la...

Voici le paragraphe complet pour plus de contexte:

This Agreement shall be governed by and interpreted in accordance with the laws of the Province where the Work is to be performed and the laws of Canada applicable therein to the parties irrevocably at torn to the exclusive jurisdiction of the courts of the applicable Province.

Merci beaucoup d'avance
Sophie Oliveau-Moore
Canada
Local time: 04:37
se soumettre à la juridiction exclusive de
Explanation:
"attorn" is used in Canada and is simply a synonym for "to submit" when used in a jurisdiction clause - deciding which tribunal will have jurisdiction / be competent to decide the case in case of litigation.


A governing law and choice of forum clause deals with two distinct issues:

(1) the choice of law that is to govern any dispute arising under the agreement; and

(2) the choice of forum where disputes will be heard.

These issues are often dealt with in a single provision but can also be dealt with separately.

Choice of Law

Parties can end up negotiating the choice of governing law where they reside in different jurisdictions, a transaction occurs in different jurisdictions or the law of one jurisdiction is more advantageous than another. Once the governing law is chosen, the selected law becomes the law of the contract and will generally be upheld by courts, provided that it is bona fide, legal and not contrary to public policy.
....

Choice of Forum

The jurisdiction of the governing law and the choice of forum need not be the same, and parties may take advantage of the benefits of Alberta's substantive laws while submitting to the procedural laws of another jurisdiction. However, in most cases the parties select a governing law and forum from a single jurisdiction.

While the words "attorn" and "submit" are often used in conjunction in a jurisdiction clause, Canadian statutes and international treaties commonly refer to "submitting" to a jurisdiction. Furthermore, the use of "attorn" originated from a real property context and can confuse international parties.

When choosing a forum, the parties may submit to exclusive or non-exclusive jurisdiction. Exclusive jurisdiction means that an action can be commenced only in the chosen forum. Non-exclusive jurisdiction provides some flexibility to the parties as it authorizes more than one jurisdiction to hear the action.

http://www.lexisnexis.ca/sites/en-ca/ihc/2017-03/governing-l...

a sample:

This agreement shall be governed by the laws of the United States of America and subject to the exclusive jurisdiction of the courts of the United States of America.
=
Le présent contrat sera régi par la législation des Etats-Unis d'Amérique et sera soumis à la juridiction exclusive des tribunaux des Etats-Unis d'Amérique.

http://context.reverso.net/traduction/francais-anglais/soumi...
Selected response from:

Daryo
United Kingdom
Local time: 12:37
Grading comment
Merci beaucoup, Daryo
4 KudoZ points were awarded for this answer



Summary of answers provided
4se soumettre à la juridiction exclusive de
Daryo
4 -1s'en remettre à la jurisdiction exclusive
Marcombes (X)
2se plier à la juridiction exclusive
Jean-Paul ROSETO


Discussion entries: 2





  

Answers


14 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
se plier à la juridiction exclusive


Explanation:
la traduction de "attorn to the jurisdiction"selon ce site de l'anglais à l'italien = conformarsi alla giuridizione = se conformer/se plier à la juridiction exclusive


    https://forum.wordreference.com/threads/attorn-to-the-jurisdiction.1938190/
Jean-Paul ROSETO
Local time: 13:37
Native speaker of: Native in FrenchFrench
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
neutral  Daryo: roughly that, but the relevant reference is http://www.lectlaw.com/def/a130.htm /// se plier à la juridiction .... is an odd verb/object combination
2 hrs
Login to enter a peer comment (or grade)

16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
to attorn to the exclusive jurisdiction of
se soumettre à la juridiction exclusive de


Explanation:
"attorn" is used in Canada and is simply a synonym for "to submit" when used in a jurisdiction clause - deciding which tribunal will have jurisdiction / be competent to decide the case in case of litigation.


A governing law and choice of forum clause deals with two distinct issues:

(1) the choice of law that is to govern any dispute arising under the agreement; and

(2) the choice of forum where disputes will be heard.

These issues are often dealt with in a single provision but can also be dealt with separately.

Choice of Law

Parties can end up negotiating the choice of governing law where they reside in different jurisdictions, a transaction occurs in different jurisdictions or the law of one jurisdiction is more advantageous than another. Once the governing law is chosen, the selected law becomes the law of the contract and will generally be upheld by courts, provided that it is bona fide, legal and not contrary to public policy.
....

Choice of Forum

The jurisdiction of the governing law and the choice of forum need not be the same, and parties may take advantage of the benefits of Alberta's substantive laws while submitting to the procedural laws of another jurisdiction. However, in most cases the parties select a governing law and forum from a single jurisdiction.

While the words "attorn" and "submit" are often used in conjunction in a jurisdiction clause, Canadian statutes and international treaties commonly refer to "submitting" to a jurisdiction. Furthermore, the use of "attorn" originated from a real property context and can confuse international parties.

When choosing a forum, the parties may submit to exclusive or non-exclusive jurisdiction. Exclusive jurisdiction means that an action can be commenced only in the chosen forum. Non-exclusive jurisdiction provides some flexibility to the parties as it authorizes more than one jurisdiction to hear the action.

http://www.lexisnexis.ca/sites/en-ca/ihc/2017-03/governing-l...

a sample:

This agreement shall be governed by the laws of the United States of America and subject to the exclusive jurisdiction of the courts of the United States of America.
=
Le présent contrat sera régi par la législation des Etats-Unis d'Amérique et sera soumis à la juridiction exclusive des tribunaux des Etats-Unis d'Amérique.

http://context.reverso.net/traduction/francais-anglais/soumi...

Daryo
United Kingdom
Local time: 12:37
Specializes in field
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 215
Grading comment
Merci beaucoup, Daryo

Peer comments on this answer (and responses from the answerer)
agree  GILLES MEUNIER
2 days 18 hrs
  -> Merci!
disagree  Odile Raymond: Se soumettre à la compétence exclusive, pas "à la juridiction exclusive". On n'est pas soumis à un territoire.
68 days
Login to enter a peer comment (or grade)

17 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
attorn to the exclusive jurisdiction
s'en remettre à la jurisdiction exclusive


Explanation:
Attention : "Jurisdiction" = legal authority

Marcombes (X)
France
Local time: 13:37
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 99

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: HERE, in this ST: jurisdiction = the territory in which is located the court where the litigation would be conducted in case of disagreement.
3 hrs
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