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Explanation: # Expert Determination If not, the first step is to agree to use Expert Determination preferably using The Academy ... formalities including, the selection of a suitable Expert to help resolve your ... www.academy-experts.org/edexplained.asp - Cached # OICEXPERT.NET Tax Resolution Options ... You have taken the first step to resolve your tax problem. www.oicexpert.net - Cached #
If there is (perhaps) one thing that might help us a titchy bit (although I doubt it) it would be the sentences before and after the one in the question.
True Allegro, and the source text is in Spanish so...but I think we are also interpreting the phrase differently (which is the reason of my discussion, not the vocabulary); the presen tense works fine for previous too, they're just explaining that The Expert is the process = instancia preceding = previa the arbitrage process. (of course the party/s could decide not to go through arbitrage after hearing what the expert has to say, but -in my interpretation- that's irrelevant); anyhow...it's late here,...enjoy the rest of your evening
(unless I am mistaken) Mediamatrix and myself are approaching this as native English speakers and Cristina is approaching it as a native Spanish speaker. All the discussion about the mechanism and Black's law dict (which is nothing more than a resource) does not alter the way English should be used. Translating the asker's text into natural English demands "first step" (or, conceivably action/procedure/etc.) and we would not speak of "previous" unless we were speaking "historically" which this text is NOT, since it uses the present tense ("El Experto es una instancia previa...").
the term "instancia" can accommodate several meanings and/or concepts. Here I understand instancia (instance, see Black's law dict USA) as the actions / proceedings (as per The Contract); so: The Expert is an action / process / procedure / step required to have gone through (instancia previa as opposed to primera instancia) before entering the arbitrage process / procedure. Of course, there is also another interpretation: first see if the expert can resolve, if not go to arbitrage; but in general the expert is someone that gives their expert opnion on something, not someone who resolves anything...much like kudoz: the askers submit their conflicts to us "experts", then make their decision; before they resolve they go to the experts...the experts opinion might or might not be useful, but for the asker it was a necessary step (prerequiste) to resolving
but there is a subsquent step, or rather to take the step of arbitrage you first -but in the sense of 'before going to arbitrage' must have done the expert thing; no? wish we had more context...
mediamatrix (X)
Source of confusion?
19:53 Feb 26, 2011
Some colleagues here seem to be confusing 'previous' with 'prior'. 'Previous' is incorrect here, for reasons given elsewhere on this page. 'Prior' might be a valid option, given very careful wording, although 'prior' necessitates the existence (at least, the strong likelihood of) a subsequent step (in much the same way as 'previous' doesn't work without a 'next').
Also, I really don't see how "El Experto es una instancia previa para ..." can be read as a 'prerequisite', especially in a contract where there are various standard formulations available to Spanish lawyers that express the concept of 'prerequisite' in a much more straightforward fashion.
as I see it: submitting to (or whatever) The Expert is a PRErequisite for, as opposed to "the first step in case of conflict", which could be construed as meaning first try to solve via expert, then go to arbitrage...
of course, but each country has its own legal (esp legal) expressions; (it is how I handle my translations) and although initially I thought María Eugenia's answer not correct (didn't see beyond obvious def for previous), I now think that it is: "...the previous step TO arbitrage is...", as I also think is her translation -and wording. The phrase says exactly that: "...The Expert is the previous (and as per my understanding a condition) step to / before arbitrage" obviously my sentence is a literal translation for explanatory. It is the first thing to do previous to the recourse of arbitrage -specifically; maybe other procedures / processes are not conditioned to submit to expert consult / determ, whatever they mean ...;
I don't think target country is anything to do with this; the target language is English and we (all of us, Brits, Americans, Aussies, the lot) would say "first step". Mediamatrix explained it perfectly in his "disagree" to "previous step".
El concepto es, tal y como explica Allegro, el primer paso (entiendo obligatorio) antes de; pero la traducción realmente depende del contexto y del país target; parece un condicionamiento de proceso a seguir en caso de conflicto, pero no sabemos si es expert submission, consulting, et al
That's how it is written (copy/paste). It just means that the parties must first submit their dispute to an expert before proceeding to arbitration. I'm just working on the phrasing: "The Expert is the initial instance for resolving any controversy arising from the Contract prior to commencing arbitration"?
why do put the "experto" with a capital (is it a program?)
Automatic update in 00:
Answers
8 hrs confidence: peer agreement (net): +2
first step
Explanation: # Expert Determination If not, the first step is to agree to use Expert Determination preferably using The Academy ... formalities including, the selection of a suitable Expert to help resolve your ... www.academy-experts.org/edexplained.asp - Cached # OICEXPERT.NET Tax Resolution Options ... You have taken the first step to resolve your tax problem. www.oicexpert.net - Cached #
AllegroTrans United Kingdom Local time: 08:10 Specializes in field Native speaker of: English PRO pts in category: 577
Grading comment
Thank you! And I really want to thank everyone for their time and input in the discussion section.
1 hr confidence: peer agreement (net): +2
previous step
Explanation: Mi lectura. Realmente creo que es así de simple.
-------------------------------------------------- Note added at 2 hrs (2011-02-26 05:31:42 GMT) --------------------------------------------------
That's the meaning, but I would turn the sentence around a bit:
In case of dispute, the parties shall submit the matter to the consideration of an expert before resorting to arbitration.
Or something like that :)
-------------------------------------------------- Note added at 15 hrs (2011-02-26 18:33:37 GMT) --------------------------------------------------
Los colegas tienen razón. No pensé en la construcción del párrafo al sugerirte la traducción, precisamente porque yo no comenzaría con este término.
De todas maneras, sostengo la traducción que te propuse, a menos que se trate de una definición -que no me lo parece.
María Eugenia Wachtendorff Chile Local time: 03:10 Specializes in field Native speaker of: Spanish PRO pts in category: 341
Notes to answerer
Asker: Thank you. This is an excellent suggestion -- the other answer was better for my text since it was a series of choppy bulleted comments (which I didn't think to note in my question), but in a typical legal text this would work wonderfully.
peer agreement (net): +2
peer agreement (net): +2
