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decaimento

English translation: (% under claim being requested in arbitration) losing position

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:decaimento
English translation:(% under claim being requested in arbitration) losing position
Entered by: Michael Powers (PhD)
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11:21 Oct 23, 2007
Portuguese to English translations [PRO]
Law/Patents - Law: Contract(s) / Promissory Contract
Portuguese term or phrase: decaimento
(Arbitragem)

Os custos da arbitragem serão suportados pela parte vencida ou por ambas as partes na proporção do respectivo decaimento.
peterinmadrid
Portugal
Local time: 00:16
lost position
Explanation:
Mike :)

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Note added at 25 mins (2007-10-23 11:47:40 GMT)
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Chaves de Mello. Dicionário jurídico.

"decair: to fail (ser vencido em uma demanda)"

"decair: to fail; lapse; decline; lose position"

In this particular case, in arbitration, since an arbitration panel decides which party is right, and also assigns the amount of the settlement, what it states is that arbitration costs will be covered either by the party that does not prevail or proportionately by both parties pursuant to their lost position. What is the lost position? it is the percentage lost pursuant to the arbitration panel's decision. For example, if the demand is of US$ 1,000,000.00, and the part prevails, but only with $200,000.00, and the other party, of courses, does not prevail, then the split would be 60-40 with the 60% corresponding to the party that did not prevail.

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Note added at 26 mins (2007-10-23 11:48:08 GMT)
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Maybe "losing position" sounds better than "lost position"

--------------------------------------------------
Note added at 31 mins (2007-10-23 11:53:49 GMT)
--------------------------------------------------

"losing position" and "arbitration"


Arbitration Awards
... objectively- and have a fear of regret should they sell a losing position. .... A GAO study of arbitration awards handed out in 1998 found that 52% of ...
www.efmoody.com/arbitration/awards.html - 19k - Cached - Similar pages - Note this
Baseball Arbitration Paper
Baseball arbitration is a method used in different contexts in addition to major .... Now if you’re a player, you aren’t exactly in a losing position. ...
www.stfrancis.edu/ba/ghkickul/stuwebs/btopics/works/basebal... - 24k - Cached - Similar pages - Note this
Merrill Lynch Futures, Inc. v. David S. Sands
Merrill Lynch adduced evidence at arbitration showing that the information the broker ... Benson establishes that when an investor is in a losing position, ...
www.nh.gov/judiciary/supreme/opinions/1999/sands.htm - 19k - Cached - Similar pages - Note this
FindLaw for Legal Professionals - Case Law, Federal and State ...
The court stayed the case after theparties agreed to arbitration before the National .... Benson establishes that when an investor isin a losing position, ...
caselaw.lp.findlaw.com/scripts/getcase.pl?court=nh&vol=9904%5Csands&invol=1 - 42k - Cached - Similar pages - Note this
Re: Oh no! Not the Succubus Club!
That strikes me as a reasonably losing >position. could they not make deals with the ... judge arbitration to make sure it wasn't in violation of the rules. ...
www.usenet.com/newsgroups/rec.games.trading-cards.jyhad/msg... - 11k - Cached - Similar pages - Note this
Re: Oh no! Not the Succubus Club!
That strikes me as a reasonably losing position If all of that suddenly got moved to my prey, ... admittedly, tis means more judge arbitration, but then, ...
usenet.com/newsgroups/rec.games.trading-cards.jyhad/msg08627.html - 10k - Cached - Similar pages - Note this
Technology Investor || Harry Newton's In Search of the Perfect ...
... where every winning position requires an offsetting losing position, .... The payment to Mr. Trosten came out this year in an arbitration case that was ...
www.technologyinvestor.com/login/2004/Oct20-05.php - 31k - Cached - Similar pages - Note this
Investopedia.com: Chalk Talk Articles and Insight
When A Dispute With Your Broker Calls For Arbitration .... The Art Of Selling A Losing Position Knowing whether to sell or to hold is tough. ...
www.investopedia.com/articles/chalktalk/ - 70k - Cached - Similar pages - Note this
[PDF]
UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE ...
File Format: PDF/Adobe Acrobat - View as HTML
concealing his losing position in LOOK ADRs from CSFB and CSFBAEL. ..... fully or partially waived payment of such disgorgement; (b) any arbitration award ...
www.sec.gov/litigation/admin/33-8578.pdf - Similar pages - Note this

--------------------------------------------------
Note added at 42 mins (2007-10-23 12:04:04 GMT) Post-grading
--------------------------------------------------

You're welcome, Peter - I agree. "losing position" sounds much better. The second reference that I mentioned was not from Chaves de Mello - it was from Noronha, Dicionário jurídico. - Mike :)
Selected response from:

Michael Powers (PhD)
United States
Local time: 18:16
Grading comment
Thank you, Michael. I prefer "losing position"
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1lost position
Michael Powers (PhD)
4declineMarlene Curtis


  

Answers


20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
decline


Explanation:
Gradual decrease in the quality, quantity or importance of something.

Marlene Curtis
United States
Local time: 18:16
Specializes in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 1151
Login to enter a peer comment (or grade)

21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
lost position


Explanation:
Mike :)

--------------------------------------------------
Note added at 25 mins (2007-10-23 11:47:40 GMT)
--------------------------------------------------

Chaves de Mello. Dicionário jurídico.

"decair: to fail (ser vencido em uma demanda)"

"decair: to fail; lapse; decline; lose position"

In this particular case, in arbitration, since an arbitration panel decides which party is right, and also assigns the amount of the settlement, what it states is that arbitration costs will be covered either by the party that does not prevail or proportionately by both parties pursuant to their lost position. What is the lost position? it is the percentage lost pursuant to the arbitration panel's decision. For example, if the demand is of US$ 1,000,000.00, and the part prevails, but only with $200,000.00, and the other party, of courses, does not prevail, then the split would be 60-40 with the 60% corresponding to the party that did not prevail.

--------------------------------------------------
Note added at 26 mins (2007-10-23 11:48:08 GMT)
--------------------------------------------------

Maybe "losing position" sounds better than "lost position"

--------------------------------------------------
Note added at 31 mins (2007-10-23 11:53:49 GMT)
--------------------------------------------------

"losing position" and "arbitration"


Arbitration Awards
... objectively- and have a fear of regret should they sell a losing position. .... A GAO study of arbitration awards handed out in 1998 found that 52% of ...
www.efmoody.com/arbitration/awards.html - 19k - Cached - Similar pages - Note this
Baseball Arbitration Paper
Baseball arbitration is a method used in different contexts in addition to major .... Now if you’re a player, you aren’t exactly in a losing position. ...
www.stfrancis.edu/ba/ghkickul/stuwebs/btopics/works/basebal... - 24k - Cached - Similar pages - Note this
Merrill Lynch Futures, Inc. v. David S. Sands
Merrill Lynch adduced evidence at arbitration showing that the information the broker ... Benson establishes that when an investor is in a losing position, ...
www.nh.gov/judiciary/supreme/opinions/1999/sands.htm - 19k - Cached - Similar pages - Note this
FindLaw for Legal Professionals - Case Law, Federal and State ...
The court stayed the case after theparties agreed to arbitration before the National .... Benson establishes that when an investor isin a losing position, ...
caselaw.lp.findlaw.com/scripts/getcase.pl?court=nh&vol=9904%5Csands&invol=1 - 42k - Cached - Similar pages - Note this
Re: Oh no! Not the Succubus Club!
That strikes me as a reasonably losing >position. could they not make deals with the ... judge arbitration to make sure it wasn't in violation of the rules. ...
www.usenet.com/newsgroups/rec.games.trading-cards.jyhad/msg... - 11k - Cached - Similar pages - Note this
Re: Oh no! Not the Succubus Club!
That strikes me as a reasonably losing position If all of that suddenly got moved to my prey, ... admittedly, tis means more judge arbitration, but then, ...
usenet.com/newsgroups/rec.games.trading-cards.jyhad/msg08627.html - 10k - Cached - Similar pages - Note this
Technology Investor || Harry Newton's In Search of the Perfect ...
... where every winning position requires an offsetting losing position, .... The payment to Mr. Trosten came out this year in an arbitration case that was ...
www.technologyinvestor.com/login/2004/Oct20-05.php - 31k - Cached - Similar pages - Note this
Investopedia.com: Chalk Talk Articles and Insight
When A Dispute With Your Broker Calls For Arbitration .... The Art Of Selling A Losing Position Knowing whether to sell or to hold is tough. ...
www.investopedia.com/articles/chalktalk/ - 70k - Cached - Similar pages - Note this
[PDF]
UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE ...
File Format: PDF/Adobe Acrobat - View as HTML
concealing his losing position in LOOK ADRs from CSFB and CSFBAEL. ..... fully or partially waived payment of such disgorgement; (b) any arbitration award ...
www.sec.gov/litigation/admin/33-8578.pdf - Similar pages - Note this

--------------------------------------------------
Note added at 42 mins (2007-10-23 12:04:04 GMT) Post-grading
--------------------------------------------------

You're welcome, Peter - I agree. "losing position" sounds much better. The second reference that I mentioned was not from Chaves de Mello - it was from Noronha, Dicionário jurídico. - Mike :)

Michael Powers (PhD)
United States
Local time: 18:16
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 347
Grading comment
Thank you, Michael. I prefer "losing position"

Peer comments on this answer (and responses from the answerer)
agree  Humberto Ribas
7 hrs
  -> Thank you, Humberto - Mike :)
Login to enter a peer comment (or grade)




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Changes made by editors
Oct 23, 2007 - Changes made by Michael Powers (PhD):
Edited KOG entry<a href="/profile/112124">peterinmadrid's</a> old entry - "decaimento" » "losing position"


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