Lisbon Court of Appeal
Case Nr. 2548/10.0TVLSB.L1-7
Courts may annul the award if basic procedural principles are violated, i.e. internal contradiction within the award, failure to treat the parties equally or lack of reasoning behind the decision.
I – In view of the legal inadmissibility, due to the waiver of the parties, of the lodging of an appeal against the arbitral decision – whose grounds anchor in fairness judgments – the possibility of assessing the merits of the case, excluding any annulment to verify the typical situations described in the legal provisions described above.
II – The same is true of interlocutory decisions rendered under this voluntary arbitration procedure.
III – The Court of Appeal is prevented from assessing the merits of decisions which are of a procedural nature. There is an exception however, with respect to cases resulting in a breach of fundamental principles. The LAV allows for the possibility of annulling the award on this strict ground.
IV – The annulment of the arbitration decision can only take place if the basic principles of our procedural legal system have been violated – i.e. if the award is contradictory, does not treat the parties with equality or omits from stating reasons for the decision.
This case summary was kindly prepared by Sameer Thakur (firstname.lastname@example.org, NALSAR University of Law), Rishabh Raheja, (email@example.com, NALSAR University of Law), and Abhishek Babbar (firstname.lastname@example.org).