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påkallelseskriften

English translation: notice of arbitration (BE); arbitration complaint (AE)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Swedish term or phrase:påkallelseskriften
English translation:notice of arbitration (BE); arbitration complaint (AE)
Entered by: Adrian MM. (X)

11:53 Apr 25, 2006
Swedish to English translations [PRO]
Law/Patents - Law (general) / arbitration proceedings
Swedish term or phrase: påkallelseskriften
This must mean 'the summons to arbitration', but can anyone please tell me what the 'proffessional' term is? Gullberg hints at 'writ', but Google doesn't seem to show an appropriate phrase under 'arbitration writ'.
Advice appreciated!
Helen Johnson
United Kingdom
Local time: 06:43
notice of arbitration
Explanation:
cf. arbitration reference/ref. to arb.

*Witness* summons is UK in a crim. trial. Sub-poena is, in the UK, of witnesses only and in a civil trial.

Gullberg unfortunately is misguided. An arb. does not rely on writs as it happens out of court.

In case of reference to arbitration, it is proposed that the following text be ... Name of the other party against whom arbitration reference is made, ...

*NOTICE OF ARBITRATION. Dear Respondent:. AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU. Enclosed and served upon you is the Initial Claim. ...*

Selected response from:

Adrian MM. (X)
Local time: 07:43
Grading comment
Thanks very much, and apologies to everyone for the confusion/inconvenience caused by my incorrect previous choice in the context of arbitration.
4 KudoZ points were awarded for this answer



Summary of answers provided
4writ of summons
ojinaga
4subpoena
lo nathamundi
4notice of arbitration
Adrian MM. (X)
3 +1complaint
Lucia M


Discussion entries: 5





  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
writ of summons


Explanation:
This is my suggestion about what it is

ojinaga
Local time: 23:43
Meets criteria
Specializes in field
Native speaker of: Native in NorwegianNorwegian
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16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
subpoena


Explanation:

may be more common in US english...
may not be so common in British english... not sure...

lo nathamundi
United States
Local time: 22:43
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Native speaker of: Native in EnglishEnglish
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1 day 1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
notice of arbitration


Explanation:
cf. arbitration reference/ref. to arb.

*Witness* summons is UK in a crim. trial. Sub-poena is, in the UK, of witnesses only and in a civil trial.

Gullberg unfortunately is misguided. An arb. does not rely on writs as it happens out of court.

In case of reference to arbitration, it is proposed that the following text be ... Name of the other party against whom arbitration reference is made, ...

*NOTICE OF ARBITRATION. Dear Respondent:. AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU. Enclosed and served upon you is the Initial Claim. ...*




    www.jurisint.org/doc/html/ reg/en/2000/2000jiregen33.html
    www.arb-forum.com/programs/ arbitration/docs/2006_NOA1.doc
Adrian MM. (X)
Local time: 07:43
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 266
Grading comment
Thanks very much, and apologies to everyone for the confusion/inconvenience caused by my incorrect previous choice in the context of arbitration.
Login to enter a peer comment (or grade)

19 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
complaint


Explanation:
Påkallelseskriften skall innehålla:

parternas och deras ombuds namn, adress, telefon- och faxnummer,
sammanfattande redogörelse för tvisten,
preliminär uppgift om kärandens yrkanden,
kopia av skiljeavtalet, och
i förekommande fall namn, adress, telefon- och faxnummer till av käranden utsedd skiljeman. (Den här punkten gäller inte det förenklade förfarandet där skiljemannen utses av Institutet.)

I translated this definition (found on the site provided with this answer) and asked an American lawyer (actually, my mother) and this is the answer I received:

"We'd call it a complaint. A writ of summons is a very short paper that a lawyer would file if s/he doesn't have time to do a complaint, or if the statute of limitations is running out and s/he wants to get something filed, since it's a form without any information, just a notice to the court and the opponent that a complaint is coming. The complaint would have all the information you list."

There is the word "stämning" which presumably means "writ of summons". If it were my translation, I would still do more research to find the difference between the two Swedish terms before choosing one in English.


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Note added at 1 day19 hrs (2006-04-27 07:41:40 GMT) Post-grading
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Not that it matters now, but a subpoena is a something that a lawyer uses and presents to a person to either obtain documents for a case or to require them to appear in court, which does not resemble the definition of påkallelse. Specifically, according to Black's Law Dictionary, a subpoena is "A process to cause a witness to appear and give testimony, commanding him to lay aside all pretenses and excuses, and appear before a court or magistrate therein named at a time therein mentioned to testify for the party named under a penalty therein mentioned."

After a Google search "subpoena på svenska," in no time I found what is usually used in Swedish for this word - "stämning" - also found a document that explains there is no equivalent word for "subpoena" in Swedish. They use also just "subpoena" in Swedish. See: pg 17, 2nd para under "Begrepp och språk" http://theses.lub.lu.se/archive/2004/07/05/1089014726-25535-...
also fourth line of pg. 20 - you will see the word "subpoena" and also a footnote at the bottom of the page.

It's just my opinion, but I strongly feel that "subpoena" is not the correct term for "påkallelseskrift," be it American or British law.



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Note added at 1 day19 hrs (2006-04-27 07:49:52 GMT) Post-grading
--------------------------------------------------

Sorry, I mean påkallelseskrift in the first paragraph of course*


    Reference: http://www.sccinstitute.com/se/Att_inleda_ett_skiljeforfaran...
Lucia M
Sweden
Local time: 07:43
Meets criteria
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM. (X): arbitration complaint (AE) is right for the US: www.sacrealtor.org/documents/arbitration.pdf. Arb. request in BE/UK, albeit doesn't get across the summonsing sense.
1 day 12 hrs
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