Lisbon Court of Appeal | Appeal and Waiver of the Right to Appeal | Annulment of Arbitral Award | 04-06-2013 | Case #045

Lisbon Court of Appeal
Date: 04-06-2013
Case Nr. 2548/10.0TVLSB.L1-7
LINK DGSI

Headline:

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. 

Summary:

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 (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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