Supreme Court of Justice (Portugal)| Res judicata |04-07-2013 | Case #002

Portuguese Supreme Court of Justice
Date: 04-07-2013
Case Nr. 536/11.8TTPRT-A.P1.S1
LINK DGSI

Headlines

  • Res judicata.

  • Arguments pleaded in the annulment procedure may not be invoked in the oppostion against the enforcement of the arbitral award.

Summary:

1.It is the jurisdiction of the labour courts to know, in civil matters, enforcements based in an award delivered by an arbitral tribunal concerning a dispute arising from the employment relationship.

2. The arbitral award that constitutes an enforcement title of this enforcement action had a final judgment and should not be considered null and void, based on the same pleas of fact and law on which the judicial annulment of the arbitral award was based in Case No. 111-CAP/2005 of the Arbitration Committee Assembly, for which it is a valid and enforceable title.

3. Not resulting from the application and documents annexed to the pleas so that the enforcement agent should refer the enforcement proceeding to the judge to order an injunction, the procedural nullity is not verified.

4. In the enforced party opting for the annulment action of the arbitral award and, in spite of the same having ended with a formal decision, if it conforms with it, it cannot invoke, in opposition to the enforcement, the same pleas for annulment of the arbitral award that it invoked in that other action.