Différend avéré

English translation: Should a dispute arise

16:55 Feb 15, 2021
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: Différend avéré
Hi everyone,

This is from a non-disclosure agreement, in the last section on application law and disputes. The full sentence is:

En cas de différend avéré, et avant toute action devant une juridiction, les Parties s’efforceront de régler le litige, en toute bonne foi, par une coopération entre les Directions de chaque Partie, notamment par le biais de l’organisation de réunions ad hoc.

As the paragraph before this is talking about attempting to solve disputes out of court / in an amicable manner, I'm thinking "En cas de différend avéré" just means "if this is not possible...".

Any ideas would be very welcome!

Cheers,
Nick
Nicholas Isard
Spain
Local time: 10:02
English translation:Should a dispute arise
Explanation:
"avéré" here doesn't really mean proven or undeniable
Think of the verb: avérer = to turn out to be, to occur, to happen etc.

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Note added at 3 hrs (2021-02-15 20:02:55 GMT)
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www.lexisnexis.co.uk › legal › drafting-the-adr-clause
Increasingly over the past decade, commercial contracts contain a provision stating that should a dispute arise out of the contract, the parties will attempt to settle ...

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Note added at 3 hrs (2021-02-15 20:04:09 GMT)
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bs02 request for quotation - City of Greater Geraldton
www.cgg.wa.gov.au › cgg › Assets › ClientData › Forms
Should a dispute arise during the provision of the service, both parties commit to attempt to resolve the dispute in good faith. ii. Where dispute resolution is not ...
Selected response from:

AllegroTrans
United Kingdom
Local time: 09:02
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2Should a dispute arise
AllegroTrans
4 -1Verified (proven) didpute
Timothy Rake
3if the dispute cannot be settled amicably
ph-b (X)
3 -1Entrenched disagreement
Adrian MM.
3 -2undeniable difference (of opinion)
Conor McAuley


Discussion entries: 13





  

Answers


53 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -2
undeniable difference (of opinion)


Explanation:

You often get "faits établis" (established facts) in court proceedings, but "established" doesn't fit in here.

See "incontestable" here, Larousse definition of "avéré": https://www.larousse.fr/dictionnaires/francais/être_avéré/70...

undebiable -- not just a tiff

Use "difference" here, because you'll need "dispute" for "litige, just further on.

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Note added at 1 hr (2021-02-15 18:03:03 GMT)
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Correction: undeniable

I really like Marco's solution, but I feel it's just too big a step away from the exact meaning in the source text.




Conor McAuley
France
Local time: 10:02
Meets criteria
Specializes in field
Native speaker of: English
PRO pts in category: 101

Peer comments on this answer (and responses from the answerer)
disagree  Emmanuella: Cf. encadré
1 hr
  -> According to you I should have stuck with my "established" = proven. You have a point.

disagree  Daryo: here "un différend" is far stronger than a "difference (of opinion)" in some academic debate - it's a conflict of interests between the parties that might be resolved only through some form of litigation or arbitration.
2 hrs
  -> Disagreement then. Fundamentally the same thing: "Désaccord, contestation résultant d'une différence d'opinion, d'intérêt, etc"

neutral  AllegroTrans: This just doesm't sound natural, it's not a mere difference of opinion it's a dispute between parties to a contract, both before and during litigation + différend/difference are bordering on faux-amis methinks
2 hrs
  -> Established or proven, I'm with Emmanuella on this point, back where my thought-process began!
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5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
Verified (proven) didpute


Explanation:
“ in the event of a verified dispute....”

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Note added at 1 hr (2021-02-15 18:04:54 GMT)
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DISPUTE...apologies

Timothy Rake
United States
Local time: 02:02
Meets criteria
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 43

Peer comments on this answer (and responses from the answerer)
agree  Emmanuella
1 hr
  -> Merci Emmanuella

disagree  Eliza Hall: That doesn't mean anything, though. A dispute is just two parties disagreeing. There's nothing to prove or verify--if the parties disagree, they disagree.
2 hrs

disagree  Daryo: "avéré" is not any kind of "verification", that meaning makes no sense anyway.
2 hrs

disagree  AllegroTrans: A dispute isn't "proven" it simply "is"
2 hrs

agree  Conor McAuley: I apologise for jumping in after you -- your wording, for me, isn't quite right, but your basic idea and conclusion ARE right
6 hrs
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
Entrenched disagreement


Explanation:
Proven, as in the first weblink, would indeed raise all kinds of evidential problems, such as by whom, as judged by what arbiter and to what standard of proof.

Anyway, I suggest entrenched rather than intractable or the ambiguity of settled: il est avéré / constant que.... > it is settled / common ground that...

En cas de différend avéré: if / it is established that/ there is an intractable dispute or disagreement...

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Note added at 2 heures (2021-02-15 19:01:15 GMT)
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I agree with AT that avéré acts here like the verb *s'avérer que*, except that the dispute - according to the preceding part quoted - has already arisen.

Example sentence(s):
  • The DOJ states its intention of the Scheme as being "… to offer a speedy and cost effective means to resolve disputes among parties, avoiding disputes and differences from being entrenched...'

    Reference: http://www.proz.com/kudoz/french-to-english/business-commerc...
Adrian MM.
Austria
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 86

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: I can't see "entrenched" here, either explicit or implicit
58 mins

neutral  Daryo: you dont really need the "entrenched" part - all the ST says is that parties are simply in disagreement / got a dispute on their hands, no need to additionally paint them like some kind of obstinate mules ...
1 hr
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
En cas de différend avéré
Should a dispute arise


Explanation:
"avéré" here doesn't really mean proven or undeniable
Think of the verb: avérer = to turn out to be, to occur, to happen etc.

--------------------------------------------------
Note added at 3 hrs (2021-02-15 20:02:55 GMT)
--------------------------------------------------

www.lexisnexis.co.uk › legal › drafting-the-adr-clause
Increasingly over the past decade, commercial contracts contain a provision stating that should a dispute arise out of the contract, the parties will attempt to settle ...

--------------------------------------------------
Note added at 3 hrs (2021-02-15 20:04:09 GMT)
--------------------------------------------------

bs02 request for quotation - City of Greater Geraldton
www.cgg.wa.gov.au › cgg › Assets › ClientData › Forms
Should a dispute arise during the provision of the service, both parties commit to attempt to resolve the dispute in good faith. ii. Where dispute resolution is not ...

AllegroTrans
United Kingdom
Local time: 09:02
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 527
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
disagree  Conor McAuley: Interesting point / What do you then use for "litige" later, though? / Avéré is in there to do something though! I think the way the question was asked (like another recent legal one here) affected our answers, in a bad way.
8 mins
  -> Personally, I would use "dispute" for both différend and litige, a case of Fr having two words where En has one

agree  SafeTex: Ths is the term I usually use or something very similar
38 mins
  -> thanks

neutral  Emmanuella: cf. dictionary
39 mins
  -> "soit établi" (your own words) but we need natural English as actually used in legal documents

agree  Eliza Hall: Absolutely, yes. This is what these contracts always say in EN. The FR means "in the event a dispute is recognized" or "comes to be"--which we wouldn't say in EN.
1 hr
  -> thanks

agree  Daryo: strictly speaking, here "(un différend) s'est avéré" = ...has shown itself; become visible/obvious; manifested itself; revealed itself ... good way of avoiding a literal translation that would sound strange.
2 hrs
  -> Yes, literal = unnatural here, thanks

neutral  ph-b (X): The fact that the parties have not been able to settle amicably (cf. Nicholas's info in his intro) suggests that the dispute has already arisen.
1 day 34 mins
  -> Possibly, but that doesn't invalidate saying "should a dispute arise" imo
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17 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
en cas de différend avéré
if the dispute cannot be settled amicably


Explanation:

"The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a director of each of the Parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within fourteen (14) days from the date on which either Party has served written notice on the other of the dispute then the remaining provisions of this Clause [ ] shall apply."
(https://ppp.worldbank.org/public-private-partnership/ppp-ove...

Avérer is not just "arise". It has to do with "being confirmed/the existence of which has been verified": B.− [Le suj. désigne une pers. ou un inanimé] Faire reconnaître la vérité d'une chose par des paroles, un comportement, une action, un écrit. Avérer un fait. (https://www.cnrtl.fr/definition/avérer)

The issue I have with AllegroTrans's translation is that I understand it, admittedly as a non-native, as if that dispute has only just appeared and has not been mentioned previously. In fact, his examples show that a translation using "arise" is used at the beginning of the dispute-solving process: if a dispute arises, the parties will attempt to solve it amicably, and if they can't, then they will...

In the source text, however, the dispute-solving process has not just started, it has been there for some time already since according to what Nicholas tells us, the parties have not been able to settle it.

It seems to me that the example I quote reflects that very scenario and I imagine that lawyers (etc.) at the World Bank can be trusted where terminology is concerned.

Medium confidence level in case I'm misreading/misunderstanding AllegroTrans's translation.

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Note added at 17 hrs (2021-02-16 10:16:02 GMT)
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Oops - just realised that being a native speaker is a criterion!

ph-b (X)
France
Local time: 10:02
Does not meet criteria
Specializes in field
Native speaker of: French

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: It may have this underlying implication (depending on the previous para which we can't see) but I don't think this is what "avéré" means
9 hrs
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