Aug 26, 2014 19:43
9 yrs ago
33 viewers *
Arabic term

طعن

Arabic to English Law/Patents Law (general)
طعنت الشركة المدعي عليها الاولى على هذا الحكم

I am especially looking to understand the distinction between طعن and استئناف in the context of the Dubai court system. The document is a description of a case being heard at the Court of Cassation. I understand استئناف to mean appeal, but am not sure of the correct way to translate something like طعن رقم 1221.
Proposed translations (English)
5 +1 appeal
5 +3 challange

Proposed translations

+1
33 mins
Selected

appeal

The customary 1-1 correspondence is طعن = challenge and استئناف = appeal, but I don't think the 1-1 correspondence works here. It looks like your instance of طعن should be translated as 'appeal' because it is a court case. 'challenge' has very restricted legal uses or can be a non-specialist term, used in journalism and the like to talk about appeals.

Note this legal dictionary entry doesn't have the 'appeal' meaning for 'challenge':

http://www.translegal.com/legal-english-dictionary/challenge

I've done some quick research and it seems that استئناف is often used to mean an appeal to the Appeal Court (محكمة الاستئناف) which is the lower court, and طعن is often used to mean an appeal to the Court of Cassation (محكمة التمييز) which is the higher court.

Hope this helps!

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Note added at 47 mins (2014-08-26 20:30:50 GMT)
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Response: one way to make the distinction would be to translate the higher one طعن as Court of Cassation Appeal no. 11.

That seems to be used a lot around the web:

https://www.google.com/search?q="court of cassation appeal"&...
Note from asker:
My concern is just that calling both طعن رقم 11 and استئناف رقم 11 Appeal # 11 is ambiguous, but there may be no way around this, unless I explicitly include which court we're discussing. Thank you for your help!
Peer comment(s):

agree Fazal Abbas : Also - some appeals courts have the authority to review both the facts of the case and interpretations of the relevant law, while a cassation court only reviews interpretation of the law. http://en.wikipedia.org/wiki/Court_of_Cassation
30 mins
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4 KudoZ points awarded for this answer.
+3
2 mins

challange

challange
Peer comment(s):

agree Muhammad Said
0 min
Thanks!
agree Ahmed Ghaly (X)
45 mins
Thanks bro!
agree Azmatullah
4 hrs
Thanks!
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