# kaal:claim:617681-041

**Claim.** Expert judges in national courts who cannot understand the arguments of lawyers before them or read documents written in another language may not be experts at all, so the American model of state appointed expert corporate judges does not transfer to multilingual Europe.

**Type.** failure  **Support.** argued

**Holds when.**

- Europe, in contrast with the single language United States

**Source quote.**

> but in Europe "expert" judges in national courts who cannot understand the arguments of lawyers before them or who cannot read underlying documents written in another language may not be experts at all.

**From.** Christian Kirchner, Richard W. Painter, Wulf A. Kaal, *Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro* (2004), E.III.2 Arbitration as a Viable Alternative in Europe, page 49

**Cite as.** Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

**Verify.** sha256 of source PDF `e142130507ea2f5b025fd97b3f762d44ee3a7aaa82b155aab63434b85e8fd834` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kirchner%20et%20al.%20-%202004%20-%20Regulatory%20Competition%20in%20EU%20Corporate%20Law%20after%20Inspire%20Art%20Unbundling%20Delaware%27s%20Product%20for%20Euro.pdf

**Failure mode.** expertise-defeated-by-language  (family: supervisory-capacity-gap)

**Topics.** law-and-legal-systems

**Keywords.** judicial-expertise, language-barriers, arbitration, adjudication

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