ข้อเท็จจริงที่รับฟังได้ยุติในเบื้องต้น

English translation: The facts-in-issue were determined as initial evidence

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16:56 Jun 11, 2018
Thai to English translations [PRO]
Law/Patents - Law: Contract(s) / Arbitration
Thai term or phrase: ข้อเท็จจริงที่รับฟังได้ยุติในเบื้องต้น
This is a sub-heading of the "Arbitrator's Deliberation" section of the Final Award for an Arbitration Case.

Any and all help appreciated.
Sarah Francis
United Kingdom
Local time: 08:28
English translation:The facts-in-issue were determined as initial evidence
Explanation:
From the abstract of an article on Issue Estoppel: The general rule of evidence law is that all the facts-in-issue or relevant to the issue in a given case must be proved by the evidence. However, the court may find that the facts-in-issue in a given case is formerly determined by the court of competent jurisdiction. In this regard, the rule pursuant to the Thai Civil Procedural Code provides that once an issue has been raised and distinctly determined between the parties, then neither the parties nor the court could be allowed to revisit such identical issue based on the evidence introduced in a given case as a result of Issue Estoppel, which is an exception from the aforementioned rule.

It appears that the ruling asserted that the facts-in-issue had been determined and could not be revisited, according to the procedural code mentioned above.

Lengthy Issue Estoppel article: http://public-law.net/publaw/view.aspx?id=1895



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Note added at 2 days 6 hrs (2018-06-13 23:50:11 GMT)
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Given the added context and explanation, I agree that "preliminary established facts" would be suitable.
Selected response from:

Dylan Jan Hartmann
Australia
Grading comment
Thank you for the confirmation, Dylan and Patrick
1 KudoZ points were awarded for this answer



Summary of answers provided
3The facts-in-issue were determined as initial evidence
Dylan Jan Hartmann


Discussion entries: 2





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
The facts-in-issue were determined as initial evidence


Explanation:
From the abstract of an article on Issue Estoppel: The general rule of evidence law is that all the facts-in-issue or relevant to the issue in a given case must be proved by the evidence. However, the court may find that the facts-in-issue in a given case is formerly determined by the court of competent jurisdiction. In this regard, the rule pursuant to the Thai Civil Procedural Code provides that once an issue has been raised and distinctly determined between the parties, then neither the parties nor the court could be allowed to revisit such identical issue based on the evidence introduced in a given case as a result of Issue Estoppel, which is an exception from the aforementioned rule.

It appears that the ruling asserted that the facts-in-issue had been determined and could not be revisited, according to the procedural code mentioned above.

Lengthy Issue Estoppel article: http://public-law.net/publaw/view.aspx?id=1895



--------------------------------------------------
Note added at 2 days 6 hrs (2018-06-13 23:50:11 GMT)
--------------------------------------------------

Given the added context and explanation, I agree that "preliminary established facts" would be suitable.

Dylan Jan Hartmann
Australia
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1
Grading comment
Thank you for the confirmation, Dylan and Patrick
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