Porto Court of Appeal | Scope of the Arbitration Agreement | Validity Ratione Temporis | 03-11-2014 | Case #055

Porto Court of Appeal
Date: 03-11-2014
Case Nr. 156/14.5TTMAI.P1
LINK DGSI

Headline:

The expiration of a contract does not entail the invalidy of the arbitration agreement inserted in such contract.

 

Summary:

  1. A sports employment contract requires a certain level of formalities. The interpretation of its clauses may not lead to a conclusion that does not correspond to its literal meaning.
  2. If the parties agreed that “all disputes arising from this contract shall be resolved by a Joint Arbitration Commission set forth pursuant to Article 55 of the Collective Labour Agreement referred to in the previous clause”, the interpretation thereof, according to the principles provided for in Articles 236 and 238 of the Civil Code, does not allow to consider that the arbitration agreement will be valid only during the contractual term, and that upon the expiration of the contractual term the Labour Court will be competent to decide a dispute arising out of that contract.

 

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