Oct 13, 2017 13:43
6 yrs ago
9 viewers *
Italian term

Deroga alla competenza dell\'Autorità Giudiziaria

Italian to English Bus/Financial Insurance
I need to translate the phrase "Deroga alla competenza dell'Autorità Giudiziaria" from an insurance agreement. I could do this literally, but as it is evidently a standard phrase used repeatedly in contracts, I want to be sure I have the correct most legally appropriate translation. Can anyone help? Thanks in advance.

Discussion

Sarah Gregg (asker) Oct 14, 2017:
No Phil, I'm translating an appendix which refers to a specific project to be insured, with some quotes and references to the general terms.
philgoddard Oct 13, 2017:
And is it the Condizioni Generali di Assicurazione that you're translating? If so, there should be an arbitration clause in there somewhere.
In my experience, when it says "il sottoscritto dichiara di approvare specificatamente i seguenti articoli", those articles are in that same document.
Sarah Gregg (asker) Oct 13, 2017:
Sorry, that's just the problem, I don't actually have any context. In the document, there's a section which states: "...il sottoscritto dichiara di approvare specificatamente le disposizioni dei seguenti articoli delle Condizioni Generali di Assicurazione", followed by a list of articles titles, one of which is "Deroga alla competenza dell'Autorità Giudiziaria". Googling gives nearly 5000 finds for the phrase, but I can't find even one with a convincing English translation. I thought it might be a standard contract phrase with a recognised translation, but maybe not.
Robert Parry Oct 13, 2017:
Hard to answer... Depends on whether it's in a sentence or as a heading - competenza dell'Autorita' G" I might be tempted to render as jurisdiction of the court" but what you do with the rest of it depends on where it appears in the text. Could you say something "the jurisdiction of the court shall not apply"? If it's a heading, maybe you could get away with just "Jurisdiction of the court" IF the paragraph which follows says that it doesn't apply?

Sorry I'm not much help! It's Friday afternoon, my brain stopped working!
philgoddard Oct 13, 2017:
It probably means they won't go to court if there's a dispute, so "waiver of litigation". But could we have some context, please? Is this a heading and, if so, what does it say underneath?

Proposed translations

7 hrs
Selected

waiver of litigation

It means the parties will not go to court in the event of a dispute - they'll presumably use arbitration instead. These clauses are becoming increasingly common in consumer law, because they protect big companies against class actions.
Example sentence:

In tema di arbitrato tra banca e consumatore, la deroga alla competenza dell’autorità giudiziaria in favore degli arbitri...

Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks to you all... going for this from Phil which seems perfect. "
6 hrs

the settlement might be overturned by the court

In England unfair insurance law may be overturned by the supreme court
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search