Supreme Court of Justice (Portugal) | New York Convention 1958 | Recognition before Enforcement | 19-03-2009 | Case #0026

Supreme Court of Justice
Date: 19-03-2009
Case Nr. 299/09
LINK DGSI

DGSI does not provide a link to this case, which can be found in “Colectânea de Jurisprudência – Acs. Supremo Tribunal de Justiça”, 2009, nº 214, Vol. I, p. 147 to 149

Headline:

An arbitral award rendered in a country party to the New York Convention needs not to be recognised in Portugal before it is enforced.

Summary:

  1. According to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Portugal recognizes and enforces decisions made in another contracting State, subject to the rules of the Portuguese jurisdiction.
  2. As the arbitral decision submitted to enforcement respects to private rights and was made in a State party to the NYC, in the light of the principle of assimilation, within the Portuguese jurisdiction the enforcement of a foreign arbitral award is granted irrespective of its prior recognition.

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