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PECULIARITIES OF THE TRANSLATION OF TERMS PERTAINING TO ARBITRATIONTERM PAPER

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ANOTCIJAis darbs satur analzi par tmu Ar rjtiesu saisttu terminu tulkoanas patnbas. Terminu tulkojumu regul vesela virkne noteikumu, un to ietekm vairki faktori. rjtiesa ir antks jdziens, lai gan ar to saistt terminoloija vl joprojm attsts. darba mris ir noskaidrot, vai terminoloijas izstrdes tendences latvieu valod un iepriekjie tulkojumi iespaido terminu tulkoanu no angu valodas uz latvieu valodu. Lai iegtu informciju par terminoloiju un rjtiesm, tika analizta zintnisk literatra. Turklt, tika veikta kontrastv analze un sastdts saraksts ar terminiem, to tulkojumiem un piemriem, lai ilustrtu to, ka terminu tulkoanu no angu valodas uz latvieu valodu ietekm terminu izstrdes tendences latvieu valod. Visbeidzot, tika izdarti secinjumi. Atslgas vrdi: termini, terminoloija, angu, latvieu, jdzieni, tulkoana, iespaids, rjtiesa, tiesa.

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ABSTRACTThis paper conveys an analysis of Peculiarities of the Translation of Terms Pertaining to Arbitration. The translation of terms and terminology is regulated by a complex of set rules and must be approached from numerous aspects. Arbitration is an antique concept, though the terminology associated with it still evolves. The aim of this paper is to find out if the transfer of terms from English into Latvian is influenced by trends in term formation in the target language and also by antecedent translations. In order to gain background knowledge about terminology and arbitration, literature review was carried out. Furthermore, contrastive analysis was done and a list of terms, their translations with examples was comprised in order to illustrate that the transfer of terms is influenced by trends in the target language, and, finally, relevant conclusions were drawn. Key words: terms, terminology, English, Latvian, concepts, transfer, influence, arbitration, court, jurisdiction.

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TABLE OF CONTENTSTABLE OF CONTENTS..............................................................................................5 INTRODUCTION.........................................................................................................6 1. LITERATURE REVIEW...........................................................................................8 1.1. BASIC CONCEPTS OF TERMS AND TERMINOLOGY...............................8 1.1.1. OVERVIEW OF THE DEVELOPMENT OF TERMINOLOGY IN LATVIA.................................................................................................................9 1.1.2. HISTORY OF THE DEVELOPMENT OF TERMINOLOGY IN LATVIA ..............................................................................................................................10 1.2. DEFINITIONS OF ARBITRATION................................................................11 1.2.1. HISTORY OF ARBITRATION................................................................11 1.2.2. HISTORY OF ARBITRATION IN LATVIA...........................................12 1.3. DEVELOPMENT OF LATVIAN ARBITRATION TERMINOLOGY..........12 1.4. FACTORS INFLUENCING THE TRANSFER OF TERMS PERTAINING TO ARBITRATION................................................................................................12 1.5. PECULIARITIES OF THE TRANSFER OF TERMS PERTAINING TO ARBITRATION.......................................................................................................14 2. COMPARATIVE ANALYSIS................................................................................16 BIBLIOGRAPHY.......................................................................................................23

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INTRODUCTIONThe fact that arbitration is in no way a new phenomenon can be verified by tracing the term itself back to its origins. The term "arbiter" originated in the 15th century and gained its meaning "one chosen by two disputing parties to decide the matter" in the 1540s1. William Herbert Page writes that the method of settling controversies and disputes by means of arbitration seems to be one of immemorial antiquity in English law as indeed it is in practically every system of law (1919). The appeal of settling disputes with the use of arbitration instead of litigation in court is said to be the fact that it seems to be less expensive, significantly faster and, ultimately, more efficient than taking an argument to court in most cases, because the procedures have fewer requirements (Online 8). Though, obviously, because of its appeal for those who wish to settle their disputes with less inconvenience and sooner, arbitration has been a popular topic for a while now, in recent years, the chapter of the Latvian Civil Procedure Law that deals with arbitration courts has been amended to require every arbitration court to register with the Commercial Register, send in their rules of procedure (the regulations for which were also amended in this law) and redefine the types of cases that can be taken to an arbitration court (Online 9). According to the Commercial Register, there are a total of 143 arbitration courts operating in Latvia at this time (Online 10). As it is with every branch of science, arbitration possesses its own set of terms, or terminology - a systematically compiled set of words, each of which, ideally, denotes a separate concept. If a concept and the term for this concept have originated outside the target language, a term has to be created also in the target language when the new concept arrives. The hypothesis of the paper is as follows: the transfer of terms from English into Latvian through translation is influenced by trends in term formation in the target language and antecedent translations.

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Online Etymology Dictionary. Available from http://www.etymonline.com/index.php? search=arbitration&searchmode=none [Accessed January 2, 2011].

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The Enabling Objectives 1. To examine the general characteristic of a term and the requirements for a term;2. To consider the main concepts of terminology, translation, as well as to study

lexical and semantic aspects of term formation;3. To get acquitted with the transfer of terms from one language into another,

such as the translation of terms;4. To analyze the terms pertaining to arbitration, during the translation process

from English into Latvian. The methods of research of the paper are as follows:

Theoretical: studying and analyzing the relevant theories regarding terms and their formation, terminology, and translation; Practical: comparative analysis of the transfer of arbitration terminology from English into Latvian, drawing conclusions.

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1.

LITERATURE REVIEW

The first part of the present research paper deals with the theoretical aspect of the research. Literature review was undertaken to acquire background information about the subject matter of research. Chapter 1 discusses the general and most basic concepts of terms and terminology, their development in Latvia, and the history of this process. Chapter II analyses definitions of arbitration proceeding with the discussion of the development of Latvian arbitration terminology is discussed in Chapter III. Finally, Chapters IV and V discuss factors that influence the transfer of terms from English to Latvian and the peculiarities of the transfer of terms from English to Latvian, respectively.

1.1.

BASIC CONCEPTS OF TERMS AND TERMINOLOGY

What a term is has been defined numerous times and can even be found in dictionaries, however, according to Valentna Skujia, the foundation of understanding the concepts of terms is the opinion that the term is not a substantial unit but a functional one. This means that the term is not a special lexical unit, but a word performing a special function. The area of usage and the functional meaning of a term is what gives the lexical unit its terminological properties and the essence of a functional unit (1993: 7). Regarding the areas which utilize terms and require development of terminology, Skujia goes on to state that these areas include various scientific fields, as well as practical (professional and industrial) fields (ibid.). According to the broad functional meaning of term, it stands for an object which is related to a persons sphere of activity (not only scientific, but also professional and industrial), also a dialect word or colloquial word. However, in the narrower meaning, a term is considered to be used in the area of science and is a word which has a specific place in the system of concepts of a branch of science. This system dictates the functional meaning of each term (ibid. :7-8).

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As regards the qualities and requirements for a term, Skujia writes that the requirements are as follows: systematicality, the precision of meaning, the brevity of form (terms are required to be short and concise), monosemy, mononymity, contextual independence, emotional neutrality, etc (ibid. : 9). This means that, not only does a term need to have no more than one meaning per concept, but also be as unambiguous as possible, so as to be successfully utilized. Regarding the meaning of terminology, in the broader meaning, it is a body of terms within a language. In the narrower meaning, it is a body of terms in a subject of study, profession, etc (ibid. : 33). The complicated disposition of terminology and the position of it within a language is, perhaps, best described by Maria Teresa Cabr: as an intersectional and multidisciplinary science, terminology is located at the crossroads of a large number of subdisciplines of linguistics (semantics or differential lexicology, among others), but it is not their preserve (1998: 10-11).

1.1.1. OVERVIEW OF THE DEVELOPMENT OF TERMINOLOGY IN LATVIAWhen discussing the development of terminology in Latvia, the various aspects from which it must be appr