(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; […]

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(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 […]

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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 […]

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Lisbon Court of Appeal | Application of the new Arbitration Act ratione temporis | 14-04-2016 | Case #050

Lisbon Court of Appeal Date: 14-04-2016 Case Nr. 2455/13.4YYLSB-A.L1-2 LINK DGSI   Headline: If the LAV of 1986 is in force at the time that the parties submitted the request for arbitration, this will be the law applicable to arbitration proceedings, even if the LAV of 2011 is in force at the time that the […]

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Lisbon Court of Appeal | Application of the New Arbitration Act Ratione Temporis | 11-06-2013 | Case #046

Lisbon Court of Appeal Date: 11-06-2013 Case Nr. 955/12.2YRLSB-7 LINK DGSI   Headline: The 2011 LAV cannot apply to arbitration proceedings initiated before its entry into force, unless all the parties to the arbitration expressly or tacitly agree to its application.   Summary: 1. Article 4 (2) of Law No 63/2011, which approves the 2011 […]

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