Dec 23, 2019 23:34
4 yrs ago
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Spanish term

condición mutua

Spanish to English Law/Patents Law: Contract(s) Arbitration agreement
Hi there. I came across this term in a Mutual Agreement to Arbitrate Claims and am not entirely sure how to translate it. I feel like it may indicate that neither party has any significant advantage over the other in an arbitration procedure, but I would like some imput from other translators. Please let me know if I'm way off base!

Here is the source for context: Además, las promesas hechas por la Compañía, y por mí para arbitrar reclamaciones, en vez de litigarlas en cortes u otros cuerpos, proveen condición mutua.

So far I'm leaning towards: Additionally, any claim arbitration undertaken by myself or the Company will be mutually advantageous as opposed to being litigated through a court or other agency.

Proposed translations

1 hr

are mutually binding

I don't think you need to say "mutual agreement to arbitrate claims". By definition, agreements are mutual and arbitration relates to claims, so I would just say "arbitration agreement".
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11 hrs

Matual condition

Matual condition
Example sentence:

https://www.lawinsider.com/clause/mutual-conditions-precedent

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11 hrs

a mutual (anti-suit) covenant

Note in Canadian and UK etc. law that, when it comes to leasehold. commonhold or a condominium: 'mutually enforceable covenants' of the residents against each other and that would be difficult to enforce in an English Common Law freehold context.

Generally, anti-suit does not mean a ban on wearing a Tuxedo or fashionable dress, but sn injunction to resort first to ADR - alternative dispute resolution, like conciliation, arbitration and/or mediation.
Example sentence:

In the area of conflict of laws, anti-suit injunction is an order issued by a court or arbitral tribunal.

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18 hrs

mutual agreement

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