atento no mediar contradictorio

English translation: in view of there being no adversarial, inter partes exchange

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:atento no mediar contradictorio
English translation:in view of there being no adversarial, inter partes exchange
Entered by: guillen

02:26 Jul 23, 2020
Spanish to English translations [PRO]
Law/Patents - Law (general) / Argentina - dispute resolution
Spanish term or phrase: atento no mediar contradictorio
The full sentence reads as follows: "Denegar el recurso extraordinario deducido, sin imposición de costas atento no mediar contradictorio".
guillen
United States
Local time: 10:48
in view of there being no adversarial, inter partes exchange
Explanation:
in a criminal context: no due process or fair trial.

Contradictorio: in the presence of both parties to the action /West/.

So here: no award of costs as it never come to an exchange of 'blows' in court.
Selected response from:

Adrian MM.
United Kingdom
Grading comment
Many thanks for your help.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2in view of there being no adversarial, inter partes exchange
Adrian MM.
3given that no appeal has been filed
Matthew Hoffman


Discussion entries: 1





  

Answers


5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
in view of there being no adversarial, inter partes exchange


Explanation:
in a criminal context: no due process or fair trial.

Contradictorio: in the presence of both parties to the action /West/.

So here: no award of costs as it never come to an exchange of 'blows' in court.


    Reference: http://www.proz.com/kudoz/spanish-to-english/law-general/171...
    Reference: http://www.proz.com/kudoz/spanish-to-english/law-general/460...
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 306
Grading comment
Many thanks for your help.

Peer comments on this answer (and responses from the answerer)
agree  Toni Castano: I think you are on the right track by suggesting "adversarial/inter partes exchange". "Contradictorio" obviously refers to the essential "principio contradictorio", the "audi alteram partem" principle, the rendering I prefer.
9 hrs
  -> Thanks. I had considered "in view of there being no resort to the doctrine of audi alteram partem" but couldn't come up with a terser English version-

agree  Matthew Hoffman: I agree with this answer in its essence and retract my own earlier proposed translation. I would just add that it seems that it is most often used in cases in which an appeal has been filed but wasn't answered by the losing party, mostly in civil cases.
9 hrs
  -> Thanks. There's no need to retract your answer as the uncontested appeal part is useful and would be worthy of the brilliant, lateral thinking of my learned friend, David A. Hoffman, of the Manchester Bar in the North of England.
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50 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
given that no appeal has been filed


Explanation:
This appears to be a standard phrase in rulings in Argentina, as one can find in a google search for "mediar contradictorio," although the word "atento" doesn't always appear in such phrases, which have to do with the imposition of court costs on the loser in a particular decision.

It appears that such phrases generally are used to indicate that no costs are going to be imposed on the loser of the case so long as the loser does not appeal to a higher court. So they will often say "Sin costos de alzada" (without appeals costs) "por no mediar contradictorio" (because there has been no intervention of a statement contradicting the decision, that is, no appeal of the decision to a higher court).

An example (one of many on Google) can be found here: https://www.erreius.com/Jurisprudencia/documento/20180809084...

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Note added at 15 hrs (2020-07-23 17:49:35 GMT)
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Now that I have consulted more material I think that my definition is incorrect -- it appears that this phrase is most often used when an appeal has been filed, but the appeal was not contested, and therefore the loser does not incur court costs.

Example sentence(s):
  • No se imponen costas atento no mediar contradictorio

    https://www.erreius.com/Jurisprudencia/documento/20180809084558476
Matthew Hoffman
United States
Local time: 11:48
Native speaker of: Native in EnglishEnglish
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