Supreme Court of Justice (Portugal) | Replacement of Arbitrator and Impact on the Proceedings | 15-02-2017 | Case #006

Supreme Court of Justice 
Date: 15-02-2017
Case Nr. 831/15.7YRLSB.S1
LINK DGSI

Headlines:
When an arbitrator is replaced, the arbitral tribunal shall take the procedural steps that it deems necessary, and it can decide for the repetition of acts and later issue the award that can be subject to appeal to the competent Court of Appeal.

Summary:
1. In the necessary arbitration constituted for the disputes referred to in Law no. 62/2011, of 12 December, the arbitral decision that did not consider that the basis for the challenge of arbitrators appointed by the claimant verified was successfully overruled before the Court of Appeals, the arbitral award that was issued pending such overruling decision and under condition, was drawn up (Article 14.º/3 of the LAV, Law no. 63/2011, of 14 December.
2. The arbitral proceeding, therefore, must resume its terms with the appointment of a substitute arbitrator of the one dismissed based on reasonable grounds on his/her lack of impartiality or independence, as is clear from the provisions in Article 16/1 of the LAV applied subsidiarily to Law no. 62/2011, of 11 December, which established the necessary arbitration (Article 3/8 of this Law).
3. The arbitral tribunal will practice the procedural acts that it deems necessary, and it can decide for the repetition of acts and later issue the award that can be subject to appeal to the competent Court of Appeal, with merely a devolution effect (Article 3/7 of Law No. 62/2011).

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