Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019| Case #95

Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019 | Case nr. 2794/18.8YRLSB.L1-2 | Case #95 LINK DGSI Headline: According to the Portuguese Arbitration Law, an arbitration award which lacks reasoning shall be considered null and void. However, a merely defective statement of reasons is not sufficient to grant the annulment […]

Read more...

Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082

Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082 Date: 15-11-2018 Case Nr. 156/18.6YRGMR LINK DGSI Headline: The defects that can justify the action for annulment of the arbitral award are procedural defects equivalent to procedural violations – procedural violations or specific procedures of arbitration proceedings. The […]

Read more...

(Portugal) Supreme Court of Justice | Enforcement of the Arbitral Award | Res Judicata | Annulment of the Arbitral Award | 04-10-2018 | Case #080

Supreme Court of Justice Date: 04-10-2018 Case Nr. 10758/01.4TVLSB-A.L1.S1 LINK DGSI Headline: The Old Arbitration Law (1986) will apply to enforcement procedures initiated before the New Arbitration Law came into force. The Old Arbitration Law provided for the following mechanisms to challenge an arbitral award: (a) annulment procedure; (b) appeal before the Court of Appeals; […]

Read more...

(Portugal) Supreme Court of Justice | Annulment of the Award | Lack of Motivation | Liquidated Damages | 27-09-2018 | Case #079

Supreme Court of Justice Date: 27-09-2018 Case Nr. 776/17.6YRLSB.S1 LINK DGSI Headline: In a lawsuit for the annulment of an arbitral award, the appeal against the decision of the Court of Appeals is admissible before the Supreme Court, provided that the appeal deals only with the issue of whether the requisites for that annulment are […]

Read more...

Lisbon Court of Appeal | Modification of Arbitral Awards | 28-01-2016 | Case #070

Lisbon Court of Appeal | Modification of Arbitral Awards | 28-01-2016 Date: 28-01-2016 Case Nr. 660/15.8YRLSB-2 Link DGSI Headlines An arbitral award may be modified if the facts on which it was based have subsequently suffered a material change.   Summary 1. The extent to which the motivation of the arbitral award is required for […]

Read more...

Supreme Court of Justice (Portugal) | Application of the new Arbitration Act ratione temporis | Appeal and Setting Aside | 13-07-2017 | Case #044

Supreme Court of Justice Date: 13-07-2017 Case Nr. 2455/13.4YYLSB-A.L1.S1 LINK DGSI Headline: Arbitrations commenced before the 2011 LAV entered into force, regardless of when the arbitral award is rendered. Examination of the merits of the arbitral award is possible when the award is under appeal, but not under actions for setting aside, or in an […]

Read more...

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 […]

Read more...

Porto Court of Appeal | Annulment of arbitral award | Time limit to render the award | 23-10-2014 | Case #062

Porto Court of Appeal Date: 23-10-2014 Case Nr. 178/13.3TVPRT.P1 LINK DGSI Headline: The submission agreement shall expire, and the arbitral tribunal shall be relieved from its remit if the arbitral award is made after almost two years since the date on which the arbitration proceedings commenced.   Summary: An award rendered by the Arbitral Commission […]

Read more...

Porto Court of Appeal | Hierarchical jurisdiction | Recognition of foreign arbitral awards | 09-09-2013 | Case #061

Porto Court of Appeal Date: 09-09-2013 Case Nr. 29/13.9YRPRT LINK DGSI Headline:   A foreign arbitral award shall be recognised by the court of appeal in whose district is located the domicile of the person against whom the award is invoked. The recognition of a foreign arbitral award made in a country party to the […]

Read more...

Porto Court of Appeal | Annulment of the arbitral award | Supplementation by the Arbitral Tribunal | 23-06-2015 | Case #052

Porto Court of Appeal Date: 23-06-2015 Case Nr. 9/15.0YRPRT LINK DGSI Headline: The arbitral award may be supplemented by the arbitral tribunal to correct any deficiency that may produce its invalidity. The supplementation can be made while an ongoing annulment procedure is suspended.   Summary: The arbitral award shall be annulled if the circumstances foreseen […]

Read more...

Porto Court of Appeal | Partial annulment of an arbitral award | Lack of motivation | 04-06-2013 | Case #051

Porto Court of Appeal Date: 04-06-2013 Case Nr. 119/13.8YRPRT LINK DGSI Headline: If the arbitral tribunal failed to deal with all the matters submitted to arbitration, the award shall only be annulled partially, with regard to the part that has not been dealt with.   Summary: According to Art. 42(3) of the Arbitration Act, the […]

Read more...

Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049

Lisbon Court of Appeal Date: 15-03-2016 Case Nr. 871/15.6YRLSB-7 LINK DGSI Headline: An arbitral award may only be set aside if extremely exceptional circumstances occur, such as the violation of fundamental principles of due process that may have had an influence in the outcome of the case. An arbitral award is sufficiently motivated if it […]

Read more...

Lisbon Court of Appeal | Enforcement of Arbitral Awards | Grounds for Resisting Enforcement | 12-07-2012 | Case #0035

Lisboa Court of Appeal Date: 12-07-2012 Case Nr. 2191/11.6YYLSB-A.L1-7 LINK DGSI Headlines: An arbitral award equates to a court judgment for the purposes of an enforcement procedure. The award debtor may not invoke there any ground that he could have invoked during a setting aside procedure.   Summary: The arbitral award is an enforceable document, […]

Read more...

Supreme Court of Justice (Portugal) | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 14-03-2017 | Case #012

Supreme Court of Justice Date: 14-03-2017 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award enforcing a penal clause of such high magnitude that it impairs the personal and economic freedoms of a party is incompatible with the international public order of Portugal, and is therefore unenforceable. Summary: The fact that the New York Convention […]

Read more...

Lisbon Court of Appeal | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 02-06-2016 | Case #0011

Lisbon Court of Appeal Date: 02-06-2016 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award that imposes a disproportionate and excessive penalty on a party is manifestly inconsistent with the international public order of Portugal, and is therefore unenforceable by a  Portuguese court. Summary: Prior to enforcement of the award, the court must satisfy itself […]

Read more...

Supreme Court of Justice (Portugal) | Annulment and Motivation of the Arbitral Award | 16-03-2017 | Case #004

Supreme Court of Justice  Date: 16-03-2017 Case Nr. 1052/14.1TBBCL.P1.S1 LINK DGSI Headlines: – An arbitral award may only be challenged in an annulment procedure and it is not subject to appeal unless the parties have provided otherwise. – The grounds for the annulment are set forth in an exhaustive manner and the superior courts are […]

Read more...

Supreme Court of Justice (Portugal) | Ex Aequo et Bono | Motivation of the Arbitral Award | 22-09-2016 | Case #003

Supreme Court of Justice Date: 22-09-2016 Case Nr. 660/15.8YRLSB.L1.S1 LINK DGSI Headlines: The arbitrators shall not be deemed as deciding a case according to “ex aequo et bono” if they are merely applying a substantive legal rule that calls for the decision to be based on a “equity” criterion. The arbitral award should be considered […]

Read more...