Lisbon Court of Appeal | Right to Appeal | Interlocutory Decisions | 07-05-2019 | Case #091

Lisbon Court of Appeal Date: 07-05-2019 Case Nr. 2553/18.8YRLSB.L1-2 LINK DGSI Headline: Art. 39(4) of the Portuguese Arbitration Law provides that the right to appeal depends on the parties’ express agreement. However, this regime concerns merely those awards that settle the dispute or a part of it. Therefore, it does not extend to interlocutory arbitral […]

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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 […]

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Supreme Court of Justice (Portugal) | Appeal against the Arbitral Award | 10-11-2016| Case #043

Supreme Court of Justice Date: 10-11-2016 Case Nr. 1052/14.1TBBCL.P1.S1 LINK DGSI Headline: Appeal of the annulment of an award should evaluate the specific grounds used to annul the award; and a review of the merits of the judgement should not be done.   Summary: The rule contained in no. 1 of Art. 671 of the […]

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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 […]

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