Lisbon Court of Appeal | Amendments to the Memorials | Amendment of the Relief Sought | Ultra Petita| 27-11-2014 | Case #047

Lisbon Court of Appeal
Date: 27-11-2014
Case Nr. 703/14.2YRLSB.L1-2
LINK DGSI

Headline:

An arbitral tribunal has not exceeded its power when it declares relief pursuant to an amendment to the memorials in the arbitration, as long as there has not been unjustified delay, and both parties have received the opportunity to make submissions on the amendment.

Summary:

I. According to Article 46(3)(v) of the LAV, an arbitral award may be annulled when the arbitral tribunal has condemned in greater amount or has heard matters that it could not take cognizance of. Given that the amount of the claim in the case was € 5,000.00 and the payment ordered by the tribunal was € 4,140.03, the arbitral award did not order a larger amount than the claim, and cannot be set aside.

II. It is usually possible to modify or complete the petition or the defense, unless the arbitral tribunal considers that there has not been sufficient justification for the delay. Further, where both parties receive the opportunity to make submissions on the modifications and additions, the principles of adversarial proceedings are respected, and so it is permissible to accept such modifications and additions.

III. Where a tribunal makes an award pursuant to valid modifications and additions to the petition or defence, it cannot be said to exceed its cognitive powers.

This case summary was kindly prepared by Sameer Thakur (sameerthakur@live.in, NALSAR University of Law), Rishabh Raheja, (rishabharaheja@gmail.com, NALSAR University of Law), and Abhishek Babbar (abhishekbabbar1996@gmail.com).

 

 

 

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