Gateway

English translation: jurisdictional

18:01 Aug 20, 2019
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: Gateway
Me podrían explicar a que hace referencia el término en este contexto:

The Parties agree to submit claims to the court regarding issues of arbitrability, the validity, scope, and enforceability of this Agreement, jurisdiction, as well as any GATEWAY, threshold, or any other challenges to this Agreement, including claims that this Agreement is unconscionable.
LoreCarrasco
Peru
Selected answer:jurisdictional
Explanation:
I think jurisdictional is preferable to threshold because its meaning is immediately clear.

Gateway issues are preliminary issues that concern the jurisdiction of a court/tribunal and/or other issues that prevent a court/tribunal from exercising any jurisdiction it has.

"When an arbitration agreement is in effect, who decides whether an employment dispute—or any dispute for that matter—is arbitrable?"
(...) The parties to such a contract may agree to have an arbitrator decide not only the merits of a particular dispute, but also "gateway questions" of arbitrability. Therefore, when the parties' contract delegates the arbitrability question to an arbitrator, a court may not override that delegation, even if it thinks the arbitrability claim is wholly groundless."

Read more at: http://www.nlrg.com/employment-law-legal-research2-/arbitrat...

"The kompetenz-kompetenz principle is a jurisprudential doctrine whereby a legal body, such as a court or arbitral tribunal, may have competence, or jurisdiction, to rule as to the extent of its own competence on an issue before it."

https://en.wikipedia.org/wiki/Kompetenz-kompetenz"

--------------------------------------------------
Note added at 21 horas (2019-08-21 15:46:34 GMT)
--------------------------------------------------

The term "gateway issues," which has gained prominence in recent U.S.
Supreme Court rulings,' is susceptible of two meanings. It may be read
broadly to signify any feature of a dispute, the parties to it, or the contract from
which it arises that, when raised by a party resisting arbitration, can potentially
keep an arbitration from going forward.' 9 This entire bundle of issues has
traditionally been referred to simply as "jurisdictional" or "threshold" in
character. However, on other occasions, the term "gateway issues" is used in a
much narrower sense, designating only those threshold issues that courts agree
to resolve, if raised on a timely basis, rather than leave for an arbitral tribunal to
decide.

https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?arti...

Threshold Issues

"When a charge is filed with the Commission, the assigned investigator ordinarily will determine whether certain threshold requirements are satisfied before considering the merits of the discrimination claims.(2) This Section discusses coverage, timeliness, and other threshold issues to be considered when a charge is first filed under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA),(3) or the Equal Pay Act of 1963 (EPA).(4) This Section does not address defenses that a respondent may raise to defeat a charge of discrimination that satisfies the threshold requirements, such as the bona fide occupational qualification defense or substantive defenses to benefits claims under the ADEA."

https://www.eeoc.gov/policy/docs/threshold.html
Selected response from:

Mark Robertson
Local time: 17:15
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +2jurisdictional
Mark Robertson
3 -1measure
Juan Arturo Blackmore Zerón


Discussion entries: 3





  

Answers


4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
gateway
measure


Explanation:
Arrangement, formality, procedure, measure.

Juan Arturo Blackmore Zerón
Mexico
Local time: 12:15
Works in field
Native speaker of: Spanish

Peer comments on this answer (and responses from the answerer)
disagree  B D Finch: Not what it means.
15 hrs
Login to enter a peer comment (or grade)

1 day 12 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
gateway
jurisdictional


Explanation:
I think jurisdictional is preferable to threshold because its meaning is immediately clear.

Gateway issues are preliminary issues that concern the jurisdiction of a court/tribunal and/or other issues that prevent a court/tribunal from exercising any jurisdiction it has.

"When an arbitration agreement is in effect, who decides whether an employment dispute—or any dispute for that matter—is arbitrable?"
(...) The parties to such a contract may agree to have an arbitrator decide not only the merits of a particular dispute, but also "gateway questions" of arbitrability. Therefore, when the parties' contract delegates the arbitrability question to an arbitrator, a court may not override that delegation, even if it thinks the arbitrability claim is wholly groundless."

Read more at: http://www.nlrg.com/employment-law-legal-research2-/arbitrat...

"The kompetenz-kompetenz principle is a jurisprudential doctrine whereby a legal body, such as a court or arbitral tribunal, may have competence, or jurisdiction, to rule as to the extent of its own competence on an issue before it."

https://en.wikipedia.org/wiki/Kompetenz-kompetenz"

--------------------------------------------------
Note added at 21 horas (2019-08-21 15:46:34 GMT)
--------------------------------------------------

The term "gateway issues," which has gained prominence in recent U.S.
Supreme Court rulings,' is susceptible of two meanings. It may be read
broadly to signify any feature of a dispute, the parties to it, or the contract from
which it arises that, when raised by a party resisting arbitration, can potentially
keep an arbitration from going forward.' 9 This entire bundle of issues has
traditionally been referred to simply as "jurisdictional" or "threshold" in
character. However, on other occasions, the term "gateway issues" is used in a
much narrower sense, designating only those threshold issues that courts agree
to resolve, if raised on a timely basis, rather than leave for an arbitral tribunal to
decide.

https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?arti...

Threshold Issues

"When a charge is filed with the Commission, the assigned investigator ordinarily will determine whether certain threshold requirements are satisfied before considering the merits of the discrimination claims.(2) This Section discusses coverage, timeliness, and other threshold issues to be considered when a charge is first filed under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA),(3) or the Equal Pay Act of 1963 (EPA).(4) This Section does not address defenses that a respondent may raise to defeat a charge of discrimination that satisfies the threshold requirements, such as the bona fide occupational qualification defense or substantive defenses to benefits claims under the ADEA."

https://www.eeoc.gov/policy/docs/threshold.html

Mark Robertson
Local time: 17:15
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Charlesp
2 days 23 hrs
  -> Thanks

agree  Gulrukhsor Abdugafurova
91 days
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search