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Lawyers frequently encounter terms from
languages they do not speak. Being able to find out what a foreign language
term means may help in identifying a legal problem, advising a client
or planning a legal strategy.
LEARNING SYNOPSIS
This exercise introduces the use of search engines in understanding foreign
language legal terms and explains how to find the relevant pages in English.
EXERCISE
You are assisting a litigation partner at your law firm in an international
arbitration involving a breach of contract. Your firm's client is a Russian
supplier of electronics equipment which is now in a dispute with one of
its customers, a US manufacturer, regarding liability for payment of value
added tax under a supply contract.
According to the arbitration clause in the
contract, the place of arbitration will be the Stockholm Chamber of Commerce
in Sweden. The arbitration clause also provides that there will be three
arbitrators. Each party is allowed to pick one arbitrator, who must be
a qualified judge, but the arbitration clause is silent about the appointment
of the third.
Your client has already selected an arbitrator.
The US manufacturer has also chosen an arbitrator, a retired Swedish judge.
The former judge's English-language CV states that he formerly worked
for the Skatteverket in Sweden, and was also a notarie.
The partner you are assisting will have
a conference call with the Russian client later this afternoon. Before
the call, she wants as much information as possible and asks you to do
some quick research. Using the Internet, find the answers to the following
questions:
1) What, if anything, do the rules of the
Arbitration Institute say about choosing a third arbitrator?
2) Naturally, your client is interested
to know the credentials of the Swedish arbitrator. What is the business
of the Skatteverket?
3) What is a Swedish notarie?
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