Lisbon Court of Appeal | Concurrent jurisdiction of arbitral tribunals and state courts | 30-06-2015 | Case #060

Lisbon Court of Appeal
Date: 30-06-2015
Case Nr. 1934/12.5 TBCSC-A.L1-1
LINK DGSI

Headline:

State courts must decide any procedural objection “ex officio”, except if the objection related to the existence of an arbitration agreement, in which situation only one of the parties can raise that objection.

 

Summary:

  1. The jurisdiction of an arbitral tribunal, accorded under an agreement, may be exclusive or concurrent with that of the state courts.
  2. The general rules of contract interpretation shall apply in determining the meaning of the arbitration agreement regarding the exclusivity of the arbitral tribunal’s jurisdiction.
  3. The state court shall decide “ex officio” any objection related to its jurisdiction, except if the objection related to the existence of an arbitration agreement.
  4. This objection can only be raised by one the parties.

 

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