Évora Court of Appeal | New York Convention 1958 | The nature of an arbitration agreement | 04-10-2008 | Case #0033

Évora Court of Appeal
Date: 04-10-2008
Case Nr. 1725/07-2
LINK DGSI

Headline:

An arbitration agreement is a real promissory contract whereby the parties oblige themselves to agree in the future.

The exclusive jurisdiction of the Portuguese Courts relates only to cases where a real estate right is at stake but not a lawsuit involving interests of a personal nature only.

Summary:

  1. An arbitration clause is a real promissory contract.
  1. The subject matter of a promissory contract is a subsequent agreement; the promissory contract binds a party to agree in the future and, more precisely, to issue a declaration that corresponds to the promised contract.
  2. According to Art. 65-A(a) of the Portuguese Code of Civil Procedure, the exclusive jurisdiction of the Portuguese Courts relates only to cases where a real estate right is at stake but not a lawsuit involving interests of a personal nature only.

 

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