Glossary entry (derived from question below)
Spanish term or phrase:
(fallo arbitral) se proferirá en derecho
English translation:
(arbitral decisions are) made at law
Added to glossary by
Pablo Julián Davis
Mar 21, 2015 12:57
9 yrs ago
4 viewers *
Spanish term
se proferirá en derecho
Spanish to English
Law/Patents
Law: Contract(s)
Arbitration clause of contract
"El fallo arbitral se proferirá en derecho..." Latin American Spanish. I have rendered this in a way I believe correct; I make this query in hopes of confirming my translation.
Proposed translations
(English)
4 | (the award..) will be made in law | Billh |
4 | is to be handed down in accordance with the strict (black) letter of the law | Adrian MM. (X) |
3 | shall be binding (and final) in law | AllegroTrans |
Proposed translations
24 mins
Selected
(the award..) will be made in law
arbitration in lae as opposed to arbitration in equity
--------------------------------------------------
Note added at 25 mins (2015-03-21 13:22:53 GMT)
--------------------------------------------------
sorry laW
--------------------------------------------------
Note added at 26 mins (2015-03-21 13:24:11 GMT)
--------------------------------------------------
In June 2007 Division B of the Commercial Court of Appeals declared inadmissible an appeal against a decision of the General Arbitration Tribunal of the Buenos Aires Stock Exchange to reject a motion appealing the award rendered in re Mahle de Argentina SA v Carleti.(1) The appeal was denied on the grounds that Division B was unable to verify whether the award had been rendered through arbitration in law or arbitration in equity, since the appellant had not submitted the arbitration agreement to the court.
http://www.internationallawoffice.com/newsletters/detail.asp...
--------------------------------------------------
Note added at 25 mins (2015-03-21 13:22:53 GMT)
--------------------------------------------------
sorry laW
--------------------------------------------------
Note added at 26 mins (2015-03-21 13:24:11 GMT)
--------------------------------------------------
In June 2007 Division B of the Commercial Court of Appeals declared inadmissible an appeal against a decision of the General Arbitration Tribunal of the Buenos Aires Stock Exchange to reject a motion appealing the award rendered in re Mahle de Argentina SA v Carleti.(1) The appeal was denied on the grounds that Division B was unable to verify whether the award had been rendered through arbitration in law or arbitration in equity, since the appellant had not submitted the arbitration agreement to the court.
http://www.internationallawoffice.com/newsletters/detail.asp...
Peer comment(s):
neutral |
AllegroTrans
: in accordance with law?// thank you I can read, why must you be abrasive so often?
10 hrs
|
NO. it means arbitration in law rather than in equity. This does NOT mean in accordance with the law which would apply to arbitration in equity as well. Read about it.
|
4 KudoZ points awarded for this answer.
Comment: "Many thanks, I agree with the substance of your suggestion and your explanation (at law, as opposed to at equity)."
5 hrs
is to be handed down in accordance with the strict (black) letter of the law
vs. en equidad = acting ex aequo et bono and on an informal basis cf. Equity in EN Common Law that carries with it a long line of historical baggage.
The emphasis, surely, needs to be right.
Tom West III's ES>AmE law & business dictionary: proferir = pronounce, issue or hand down.
The emphasis, surely, needs to be right.
Tom West III's ES>AmE law & business dictionary: proferir = pronounce, issue or hand down.
Note from asker:
Thanks very much for the suggestion, and mea culpa re context- the phrase "less than minimal" is well deserve. |
Peer comment(s):
neutral |
AllegroTrans
: you have added words which I cannot see in the ST; and why "black"? Or are you re-regurgitating Black's?
4 hrs
|
then you distinguish en derecho vs. en equidad.
|
|
neutral |
Jennifer Levey
: On the strength of Asker's question "as posed" (i.e. with less-than-minimal context), there's no justification for getting tied up in 'equidad', 'ex aequo et bono' and all that stuff.
7 hrs
|
1 day 8 mins
shall be binding (and final) in law
Explanation:
I have not researched the Spanish term, and anyway there is very little context, so I only give medium CL.
However, arbitration is conducted using a set of principles, based on, but not strictly in accordance with the formal procedures of law. By an agreement between them, or in accordance with legislation (e.g. where arbitration is part of the court system) the parties can agree to make the arbitration binding in law.
Arbitration Basics | Nolo.com
www.nolo.com › ... › Mediation, Arbitration & Collaborative Law
Learn the basics about arbitration: what it is, when it arises, andhow the ... Law Office of Alexis Haller ... In binding arbitration, the arbitrator's decision is final.
Binding Arbitration Law & Legal Definition
definitions.uslegal.com › Legal Definitions Home › B
Binding Arbitration is referred to an arbitration proceeding with a final and binding award, that is often enforceable in courts. Arbitration is a form of alternative ...
Non-Binding Arbitration Law & Legal Definition
definitions.uslegal.com › Legal Definitions Home › N
There can be two types of arbitration, binding arbitration and non-binding arbitration. In a non-binding arbitration, the arbitrator determines the rights of the ...
Supreme Court backs binding arbitration agreements - The ...
www.washingtonpost.com/...binding-arbitration.../gIQAg4LuGQ...
21 Jan 2012 - Instead, you are forced to go to binding arbitration. ... Justice Antonin Scalia, writing for the majority, said the law wasn't clear on whether ...
What Is Binding Arbitration? (with pictures)
www.wisegeek.org/what-is-binding-arbitration.htm
After hearing from everyone involved, the arbitrator makes a final and binding decision; while this decision is legal and usually immediately enforced, it can be ...
Note from asker:
Thanks very much for the suggestion, and the phrase "very little context" is certainly well deserved, mea culpa. ¡Saludos! |
Discussion
proferir, según la RAE:
1. tr. Pronunciar, decir, articular palabras o sonidos.2. tr. ant. Ofrecer, prometer, proponer. Era u. t. c. prnl.
In any event (entry in glossary) for you to look at:
http://www.proz.com/kudoz/spanish_to_english/law_contracts/2...
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase: "proferirá en derecho"
English translation: ..will be rendered under/according to law