This question was closed without grading. Reason: No acceptable answer
Aug 24, 2014 06:59
9 yrs ago
13 viewers *
Spanish term

debería recaer ... en cuya designación no se hubiere producido acuerdo

Spanish to English Law/Patents Law (general) Law on arbitration
I'm trying to get my head around this - especially the force of "debería" and the overall meaning of the last part *in this context*.

Señaló que la modificación al inciso segundo del nuevo artículo 36, que propone a falta de acuerdo de las partes para la integración del tribunal arbitral, el nombramiento será efectuado por el Presidente de la Corte de Apelaciones de Santiago de entre los candidatos incluidos en la lista, dicho nombramiento **debería recaer**, según corresponda, en cualquiera de los profesionales que integran aquella lista propuesta por la parte, **en cuya designación no se hubiere producido acuerdo**.

Discussion

Muriel Vasconcellos (asker) Aug 28, 2014:
Thanks, everyone! This was a tough question. I was really trying to get to the underlying meaning. I ended up recasting the entire paragraph.
Muriel Vasconcellos (asker) Aug 24, 2014:
My draft translation This is my draft - am I missing something?

[Fulano] indicated that the change in Item II of new Article 36—which proposes, in the event of lack of agreement between the parties on the composition of the Court of Arbitration, that the appointments shall be made by the Chief Judge of the Santiago Court of Appeals from among the candidates on the list—means that any of the professionals whose names appear on the list proposed by the party might be appointed, including those whose appointment had been the subject of disagreement

Proposed translations

17 mins

(said appointment) should be made of... whose appointee has not led to agreement/been agreed

.
Something went wrong...
+1
1 hr

should fall... on whose appointment no agreement had been reached

the appointment should fall, as appropriate, on any of the professionals on the said list proposed by the Party, including those on whose appointment no agreement had been reached

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Note added at 1 hr (2014-08-24 08:19:36 GMT)
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I would suggest "no agreement had been reached" instead of "had been the subject of disagreement"
Example sentence:

fficial of the pro-Russian rebels' self-proclaimed Donetsk People's Republic, said despite the discussions, no agreement had been reached.

Peer comment(s):

agree Fabio M. Caldas
1 hr
Obrigada, Fabio!
neutral Billh : no. it's not the party being appointed but the person appointed by that party
3 hrs
Thnak you!
Something went wrong...
12 hrs

must correspond to ... in the event a consensus is not reached

hard without more context but I offer this as some sort of option...
Something went wrong...
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