Aug 12, 2013 07:58
10 yrs ago
3 viewers *
English term

public interpleading

English to Polish Law/Patents Law (general) Prawo
w zdaniu: Any change in proceedings, such as the admission of public interpleading, traditionally required the parties’ consent.

Na forum znalazłam tłumaczenie słowa "interpleading" jako powództwo ekscydencyjne ale jakoś nie bardzo pasuje to do kontekstu. Jakieś propozycje tłumaczenia?
Change log

Aug 12, 2013 10:27: writeaway changed "Language pair" from "English" to "English to Polish"

Discussion

nusbaiser (asker) Aug 12, 2013:
Redressing the secrecy of ICSID proceedings poses its own challenges. International commercial arbitration, to which investor-state arbitration is related, was traditionally conceived as a confidential process between disputing parties and distinct from a public hearing. A further attribute of commercial arbitration is that it reflects the autonomy of the disputing parties. Any change in proceedings, such as the admission of PUBLIC INTERPLEADING, traditionally required the parties’ consent. However, public
interpleading is now subject to ICSID Rule 37, permitting tribunals to admit third parties to proceedings within confined limits 4 Even though
investor-state arbitration takes place between states and private parties under the ICSID, rather than between private parties, it is still arguably arbitration.
Sorry, more context is needed. Interpleading can be anything really when translating into Polish, while my first association is with 'interwencja' in civil litigation. The adjective 'public' is a huge problem here and the one part that defines the meaning. It's probably more important than the noun 'interpleading' to understanding what we're dealing with.

So, whatcha got?
writeaway Aug 12, 2013:
From Google translate in the sentence: Any change in Proceedings, dry as the admission of public interpleading, traditionally required the parties' consent.
The Board found the translation of the word "interpleading" as an action ekscydencyjne but somehow it does not quite fit the context. Any suggestions translation?
It's now been changed to English-Polish
Lincoln Hui Aug 12, 2013:
Are you sure you intended for this to be an English monolingual question?

Proposed translations

32 mins

stakeholder turns the rival claims over to a court


see here for explanation
http://legal-dictionary.thefreedictionary.com/Interpleader

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Note added at 33 mins (2013-08-12 08:31:56 GMT)
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An equitable proceeding brought by a third person to have a court determine the ownership rights of rival claimants to the same money or property that is held by that third person.

Interpleader is a form of equitable relief. Equitable remedies are ways for courts to enforce rights other than by issuing a judgment for money damages. Interpleader is employed when two or more parties seek ownership of money or property that is held by a third party. The property in question is called the stake, and the third party who has custody of it is called the stakeholder. The stakeholder is faced with a legal dilemma: giving the property to either one of the parties will likely lead to a lawsuit by the other party against the stakeholder and the new property owner.

Interpleader enables the stakeholder to turn the controversy over to a court and to be dismissed from the legal action. It is designed to eliminate multiple lawsuits over the same stake and to protect the stakeholder from actual or potential multiple liability. Typically, interpleader will involve corporate Securities or proceeds from insurance policies.

The stakeholder initiates an interpleader by filing an action that states that he or she has no claim to the money or property in controversy, and does not know to which claimant it should be lawfully delivered. The stakeholder must also establish the possibility of multiple lawsuits. The stakeholder then may be required to deposit the stake with the court, and notifies possible claimants that they can present their claims of ownership in court for determination.

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Note added at 34 mins (2013-08-12 08:32:53 GMT)
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http://en.wikipedia.org/wiki/Interpleader
Peer comment(s):

neutral writeaway : see Google translate translation of question in D box./well, it was posted as an English monolingual question but all that Polish did make me wonder......
1 hr
I thought they wanted meaning in English...
Something went wrong...
62 days

skierowanie sprawy do sądu cywilnego [z powodu niemożności osiągnięcia porozumienia]

Chyba to najbliższa - najbardziej podobna - polska procedura prawna.
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