在先管辖权原则；首先管辖权原则 primary jurisdiction doctrine/doctrine of primary jurisdiction

〈美〉指如果法律赋予行政机关裁决或处理某种争议的权力，则在行政机关就该争议履行其法定职责、作出裁决之前，法院不应受理就该争议提起的诉讼。

The doctrine of primary jurisdiction applies where a claim can originally be addressed in a court but would be better addressed first by an administrative body. It is concerned with promoting proper relationships between the courts and administrative agencies charged with particular regulatory duties. It applies to claims that contain some issue within the special competence of an administrative agency. Thus, under the primary jurisdiction doctrine, courts, even though they could decide, will in fact not decide a controversy involving a question within the jurisdiction of an administrative tribunal until after that tribunal has rendered its decision. 以下为相关例句：

例句1

The court granted the member’s motion because the member’s arguments for the application of the doctrine of primary jurisdiction was compelling, even if the primary jurisdiction was not exclusive. The court found that the ICC had specialized knowledge and was in a better position to determine the issues and had already undertaken a matter, which would have a direct impact on the current matter.

法院批准了该成员的动议，因为该成员关于适用首先管辖权原则的论点令人信服，即使首先管辖权不是排他性的。法院认为，国际商会拥有专业知识，更有能力确定这些问题，并且已经着手处理一个问题，这将对当前的问题产生直接影响。

例句2

No fixed formula exists for applying the primary jurisdiction doctrine. In every case, the question is whether the reasons for the existence of the doctrine are present and whether the purposes it serves will be aided by its application in the particular litigation. One reason for the doctrine is to avoid the possibility that a court’s ruling might disturb or disrupt the regulatory regime of the agency in question. Another is that the goal of national uniformity in the interpretation and application of a federal regulatory regime is furthered by permitting the agency that has primary jurisdiction over the matter in question to have a first look at the problem.

在适用首先管辖权原则方面不存在固定的公式。在每一个案例中，问题是该原则存在的理由是否存在，以及在特定诉讼中适用该原则是否有助于实现其目的。该原则的一个原因是避免法院的裁决可能扰乱或破坏有关机构的管理制度。另一个原因是，允许对有争议的问题拥有首先管辖权的机关首先审查问题，有助于实现全国统一解释和适用联邦管理制度的目标。

例句3

The doctrine of primary jurisdiction requires the court to allow for a “referral” to the agency by staying further judicial proceedings so as to give the parties a reasonable opportunity to seek an administrative ruling. The simple fact that the doctrine of primary agency jurisdiction may apply does not necessarily mean that it must be applied.

首先管辖权原则要求法院允许“提交”机关，中止进一步的司法程序，以便给当事人寻求行政裁决的合理机会。首先机关管辖权原则可以适用这一简单事实并不一定意味着它必须适用。

例句4

The primary jurisdiction doctrine does not apply to require prior resort to an administrative agency where the relief sought is not within the jurisdiction of the agency, or the question is one that the agency has no power to decide, even though it may consider the question in reaching a determination that is within its jurisdiction.

如果寻求的救济不在行政机关的管辖范围内，或问题是行政机关无权决定的，即使行政机关在作出其管辖范围内的决定时可能会考虑该问题，则首先管辖权原则不适用于要求事先诉诸行政机关。