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.
This exercise introduces the use of search engines in understanding foreign language legal terms and explains how to find the relevant pages in English.
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:
Please enter your username or e-mail address.
You will receive a new password via e-mail.
1) The parties agree on the number of arbitrators. If one of them fails to appoint an arbitrator? the SCC appoints him. The third arbitrator is also appointed by the SCC.
2)The Swedish Tax Agency (Swedish: Skatteverket) is a government agency in Sweden responsible for national tax collection.
3) Swedish notarie is a law clerk. A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions.
1) If the dispute is to be decided by a three arbitrators each party appoints one arbitrator and the SCC Institute the third arbitrator, unless the parties have agreed otherwise.
2) The Sketteverket is the Swedish Tax Agency, which is responsible for collection of taxes.
3)a Swedish notarie notarie is a clerk, who helps in court, to the judge, researchig and writing information.
1) each party choose one arbitrator. Two arbitrators decide then on third as an umpire. The third arbitrator will replace them if an agreement between two cannot be reached.
source:
http://claudethomson.com/docs/Negotiate_Draft_Arbitration.pdf
1) – Where the Arbitral Tribunal is to consist of more than one arbitrator, each party shall appoint an equal number of arbitrators and the Chairperson shall be appointed by the Board.
- If the parties are of different nationalities, the sole arbitrator or the Chairperson of the Arbitral Tribunal shall be of a different nationality than the parties, unless the parties have agreed otherwise or unless otherwise deemed appropriate by the Board.
2) Skatteverket is the Swedish National Tax Agency which is responsible for national tax collection and the administration of population registration.
3) In Sweden, a notarie corresponds to the English term Civil-law notary, or Latin notary (i.e. a lawyer of noncontentious private civil law). Unlike notaries public, their common-law counterparts, civil-law notaries are highly-trained, licensed practitioners providing a full range of regulated legal services.