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Glossary entry

German term or phrase:

Entscheidungsharmonie

English translation:

consistency in decisions/decision-making

Added to glossary by transatgees
Jun 11, 2015 11:52
8 yrs ago
German term

Entscheidungsharmonie

German to English Law/Patents Law: Patents, Trademarks, Copyright
In a letter between lawyers relating to arbitration on an inventor's remuneration under the Arbeitnehmer-Erfindungsgesetz. They are discussing the interaction of arbitration proceedings and one party's attempt to withdraw from these proceedings and instigate legal proceedings.

Die Aussetzung eines gerichtlichen Verfahrens dient der Entscheidungsharmonie und der sachlich gebotenen Berücksichtigung außerprozessualer Vorgänge bei der Urteilsfindung.

All the above is subject to German law.

Thank you for your help.
Proposed translations (English)
3 +2 consistency in decisions
3 +2 reconciliation with existing adjudication
4 settlement/resolution (of the disputee) by agreement
3 (is designed to facilitate) consensus decision-making
2 a peaceful resolution

Discussion

Teresa Reinhardt Jun 11, 2015:
I work in these areas all the time, and you can rest assured that the law remains the law, also in arbitration. And the fact that EU law trumps national law is a given.
Paul Skidmore Jun 11, 2015:
consistency The original poster states clearly that this term arises in a discussion of the interplay between arbitration and court proceedings.

In my view, EU law, parties from different countries or existing case law are not particularly relevant here.

As far as I can see, Sibila's suggestion of consistency in decision-making is the most appropriate. It captures the idea of wanting to ensure that decisions by arbitral tribunals and the courts on the same matter do not diverge.

As a piece of background information, the Arbeitnehmererfindungsgesetz specifically provides for arbitration first in many cases before recourse to the courts is possible. See section 37

http://www.gesetze-im-internet.de/arbnerfg/__37.html
Teresa Reinhardt Jun 11, 2015:
ooops, I violated the "read all other comments and answers first" principle… seehand and Sibila have gone in this direction already.
BTW, I don't see why this would not apply here; legal principles are supposed to be applied uniformly, regardless of the subject matter.
Hence the reference to case law. The added wrinkle is EU law...
Teresa Reinhardt Jun 11, 2015:
This may be something quite different from what has been suggested (no disrespect to the 'Answerers' intended):
See http://www.iatj.net/congresses/InterpretationTaxTreaties.pdf
seehand Jun 11, 2015:
only tax-related links ... common interpretation requirement or principle,
common interpretation obligation

Is not one party from another country? Otherwise my suggestion wouldn't make sense, I'm afraid ...

http://www.taxcompact.net/documents/symposium-kuala-lumpur/J...

http://www.iatj.net/congresses/InterpretationTaxTreaties.pdf

Proposed translations

+2
1 hr
Selected

consistency in decisions

From reading some examples of other texts where the word has been used, this is the meaning I take from it.


Example sentence:

The discontinuance/suspension of judicial proceedings promotes consistency in decisions

Reference:

https://books.google.com.au/books?id=zLd_rUFjb4IC&pg=PA305&lpg=PA305&dq=entscheidungsharmonie&source=bl&ots=-AguqaRKnY&sig=ohV4hUAUkvaWLzZI0

Peer comment(s):
agree Paul Skidmore : see my comments above
3 hrs
agree Adam Kiolle : I particularly like the word "consistency" here
19 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Perfect! Thank you"
11 mins

a peaceful resolution

Perhaps

To stay/Eschewing legal proceedings promotes a peaceful resolution
Something went wrong...
31 mins

settlement/resolution (of the disputee) by agreement

Resolution Before Trial: Settlement - FindLaw
injury.findlaw.com › ... › Accidents and Injuries › Accident & Injury Law
Resolution Before Trial: Settlement ... Through settlement, the plaintiff (the person filing the lawsuit) agrees to give up the right to pursue any further legal action ...
Case Examples and Resolution Agreements - HHS.gov
www.hhs.gov › ... › Case Examples & Resolution Agreements
A resolution agreement likely would include the payment of a resolution amount. These agreements are reserved to settle investigations with more serious ...

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Note added at 32 mins (2015-06-11 12:25:29 GMT)
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TYPO!!
"dispute" not "disputee"
Something went wrong...
1 hr

(is designed to facilitate) consensus decision-making

..or unanimous decision-making
Something went wrong...
+2
3 hrs

reconciliation with existing adjudication

See my comment below and the link

http://www.iatj.net/congresses/InterpretationTaxTreaties.pdf

where it says
"The late Prof. Klaus Vogel answered this question with a clear yes. In his opinion there is something like a “Gebot der Entscheidungsharmonie” which can be translated in English as: common interpretation requirement or principle."
Peer comment(s):
agree Johanna Timm, PhD : convincing reference
7 hrs
Thank you, Johanna!
agree seehand : see my entry in the discussion box, same link ...
16 hrs
Thank you, seehand!
Something went wrong...
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