Jan 16, 2022 16:07
2 yrs ago
28 viewers *
Spanish term
comprometer causas en árbitros
Spanish to English
Law/Patents
Law (general)
Hola!
Alguien podría ayudarme a traducir esta frase dentro de las atribuciones otorgadas en un Poder General al inglés?
Gracias!
"comprometer las causas en árbitros o arbitradores"
Alguien podría ayudarme a traducir esta frase dentro de las atribuciones otorgadas en un Poder General al inglés?
Gracias!
"comprometer las causas en árbitros o arbitradores"
Proposed translations
(English)
Proposed translations
+1
5 hrs
Selected
refer (or submit) the dispute to institutional or ad-hoc arbitration
árbitro arbitrador refers to the type of arbitration (referred to as ad hoc) -- I think that in order to convey the full meaning, the distinction can be highlighted as suggested above
https://www.pinsentmasons.com/out-law/guides/institutional-v...
https://viamediationcentre.org/readnews/NTMz/KINDS-OF-ARBITR...
http://www.juicios.cl/dic300/ARBITRO_ARBITRADOR.htm
https://www.camsantiago.cl/faqs/que-clases-de-arbitros-exist...
https://www.pinsentmasons.com/out-law/guides/institutional-v...
https://viamediationcentre.org/readnews/NTMz/KINDS-OF-ARBITR...
http://www.juicios.cl/dic300/ARBITRO_ARBITRADOR.htm
https://www.camsantiago.cl/faqs/que-clases-de-arbitros-exist...
Note from asker:
Thank you, Angelo |
Peer comment(s):
agree |
Jennifer Levey
: Your 'institutional' refers to an arbitrator who abide to the dictates of law (which may seem unfair in some circumstances), and 'ad-hoc arbitration' which allows the arbitrator to decide according to his/her idea of what's 'fair'.
36 mins
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thanks, Jennifer
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neutral |
Adrian MM.
: OK, Angelo. Here we go, though not strictly part of the question asked: acting according to strict black-letter law vs. ex aequo et bono https://uk.practicallaw.thomsonreuters.com/6-502-6327?transi...
1 day 11 hrs
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yes, I think you may be on the right track here...
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4 KudoZ points awarded for this answer.
+1
28 mins
submit disputes to arbitration
(a) The sentence needs an object, disputes, just as it has in Spanish
(b) You can't say "arbitration or arbiters". That implies they're two different things.
(b) You can't say "arbitration or arbiters". That implies they're two different things.
Note from asker:
Thank you! |
Thank you! |
Thanks! |
Peer comment(s):
agree |
Meridy Lippoldt
: So true...thanks for weighing in!
8 mins
|
Thanks!
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agree |
Cristina Zavala
51 mins
|
neutral |
Jennifer Levey
: árbitros and arbitradores are different things, at least in terms of the rules governing their decision-making (see first para of Adrian's answer).
3 hrs
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If you can understand the first paragraph of Adrian's answer, or any of it for that matter, you're a better person than me.
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disagree |
Angelo Berbotto
: this suggestion does not capture the subtle difference between the árbitro / arbitrador
9 hrs
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1 hr
refer cases to arbitration
en árbitros o arbitradores : make a reference to arbitrators bound by legal principles (Robb) or those not so bound.
comprometer en árbitros : submit to arbitration, West.
The ambit of the reference is literally covered in the 'Terms of Reference'.
Submission - despite all the ProZ glossary antries - is, alas, ambiguous in this context, as a 'submission to arbitration' can refer to the parties' pleadings known in litigation as 'Statements of Case'.
comprometer en árbitros : submit to arbitration, West.
The ambit of the reference is literally covered in the 'Terms of Reference'.
Submission - despite all the ProZ glossary antries - is, alas, ambiguous in this context, as a 'submission to arbitration' can refer to the parties' pleadings known in litigation as 'Statements of Case'.
Example sentence:
Section 10A of Industrial Disputes Act 1947 : "Voluntary reference of disputes to arbitration"
An existing dispute can be referred to arbitration.
Reference:
http://www.proz.com/kudoz/spanish-to-english/law-general/2828260-comprometer-en-árbitros.html
Note from asker:
Thank you, Adrian! |
Peer comment(s):
neutral |
Jennifer Levey
: I agree with 'refer' - but by generalizing with 'arbitration' you have glossed over the essential difference between 'árbitros' and 'arbitradores'.
2 hrs
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'árbitros' and 'arbitradores' are not part of the question but the distinction IMO is one between arbitrators acting according to law or ex aequo et bono - not 'in equity' in arb.
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neutral |
Angelo Berbotto
: Adrian, I agree with Jennifer. Please check my suggestion, perhaps you can improve on it. I have never done arbitration in my work as a lawyer, so this is just what I have researched online. Cheers
9 hrs
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OK, Angelo. Nor has Phil G. by the look of his barebones answer: 'árbitros' and 'arbitradores' are not part of the question but the distinction is one between arbitrators acting according to law or ex aequo et bono - not 'in equity' in arb..
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9 mins
to submit to arbitration or arbiters
Source: Thomas West Law and Business Dictionary
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Note added at 1 day 3 hrs (2022-01-17 19:58:16 GMT)
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After further research I would amend my answer to say "submit disputes to arbitration or mediators"
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Note added at 1 day 3 hrs (2022-01-17 19:58:16 GMT)
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After further research I would amend my answer to say "submit disputes to arbitration or mediators"
Note from asker:
Thank you, Meridy. |
Peer comment(s):
agree |
Barbara Cochran, MFA
6 mins
|
disagree |
Angelo Berbotto
: I am not in agreement that árbitros y arbitradores is exactly the same concept for the reasons I set out in my suggestion
10 hrs
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Discussion
https://www.lexology.com/commentary/arbitration-adr/argentin... However, English authors would seem to prefer the Latin tag cited by Adrian:
http://arbitrationblog.kluwerarbitration.com/2018/11/18/ex-a...
Personally, I would avoid the expression "equity arbitration" because the term Equity for a lawyer trained in England, Australia or another common law jurisdiction "equity" is a term that evokes a particular area of Law with its principles and caselaw. I note that ex aequo in Latin means means "por igual" and I can see why some may have chosen to translate it as "equity" in English.
What is equity arbitration?
Equity arbitration relies on both equitable ideals and universal common law principles that have developed through the years. For example, a valid contract requires that one party made an offer, the other accepted it, and something of value was exchanged.
https://digibug.ugr.es/bitstream/handle/10481/71139/Canfora ...
Reasons in Arbitral Awards:
Arbitration in Equity, Arbitration in Law
https://www.proz.com/kudoz/spanish-to-english/law-general/19...
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase: árbitro, arbitrador
English translation: arbitrator at law; arbitrator in equity
arbitrator at law; arbitrator in equity
Explanation:
The distinction commonly made is as follows:
árbitro = árbitro de derecho = arbitrator at law (must be lawyers);
arbitrador = árbitro arbitrador = arbitrator in equity (don't need be lawyers)
http://findarticles.com/p/articles/mi_qa3923/is_200402/ai_n9...
http://www.limaarbitration.net/english/reglamento_SAC.htm>...