Lisbon Court of Appeal | Insurance Contract | Arbitration Agreement | 07-03-2019 | Case #090

Lisbon Court of Appeal Date: 07-03-2019 Case Nr. 7459/16.2T8LSB-A.L1-2 LINK DGSI Headline: The insured is not bound by the arbitration agreement inserted in an insurance contract entered into between the insurer and the policyholder.   Summary: In the vast majority of cases, the insurance on behalf of another person is a contract to the benefit […]

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(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

Supreme Court of Justice Date: 15-01-2019 Case Nr. 28/14.3TBOHP.C1.S1 LINK DGSI   Headline: An arbitration agreement may be extended to non-signatory parties that belng to the same group of companies  Summary: According to Arts. 406, nr. 2 and 217, nr. 1 of the Portuguese Civil Code, the circumstance that one of the petitioners (a company […]

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(Portugal) Supreme Court of Justice | Negative Effects of the Arbitration Agreement | Hardship | 16-10-2018| Case #081

Supreme Court of Justice Date: 16-10-2018 Case Nr. 2258/16.4T8CBR.C1.S1 LINK DGSI Headline:  The arbitration agreement produces a negative effect that will force the court judge to dismiss the judicial procedure in which the arbitration agreement was invoked, unless it is manifestly null, inoperable or incapable of producing its effects. An allegation of “just cause” or […]

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Lisbon Court of Appeal | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | Kompentenz-Kompetenz | 11-01-2011 | Case #078

Lisbon Court of Appeal Date: 11-01-2011 Case Nr. 3539/08.6TVLSB.L1 LINK DGSI Headline: The arbitration agreement concluded with a company belonging to the same group of companies only binds the contracting parties, except if a third party later accedes to that agreement. The arbitral tribunal shall be competent to interpret the arbitration clause in order to […]

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Supreme Court of Justice (Portugal) | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | 08-09-2011 | Case #077

Supreme Court of Justice Date: 08-09-2011 Case Nr. 3539/08.6TVLSB.LL.S1 LINK DGSI Headline: In principle, the arbitration agreement binds only the contracting parties but may be enforced against or by an assignee of a contract   Summary: 1. In principle, an arbitration agreement contained in a contract only binds the contracting parties. 2. However, and in […]

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Lisbon Court of Appeal | Agreement to arbitrate by reference | Standard Form Contracts | Kompetenz-Kompetenz | 07-07-2016 | Case #054

Lisbon Court of Appeal Date: 07-07-2016 Case Nr. 508/14.0TBLNH-A.L1-2 LINK DGSI Headline: It will be considered sufficient for the purpose of incorporation if the contract signed by the parties or the correspondence between them contains a reference to a document containing the arbitration agreement. The “competence-competence” principle applies with one exception arising from the application […]

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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 […]

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Lisbon Court of Appeal | Concurrent jurisdiction of arbitral tribunals and state courts | 30-06-2015 | Case #060

Lisbon Court of Appeal Date: 30-06-2015 Case Nr. 1934/12.5 TBCSC-A.L1-1 LINK DGSI Headline: State courts must decide any procedural objection “ex officio”, except if the objection related to the existence of an arbitration agreement, in which situation only one of the parties can raise that objection.   Summary: The jurisdiction of an arbitral tribunal, accorded […]

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Supreme Court of Justice (Portugal) | Kompetenz-Kompetenz | Negative Effect of the Arbitration Agreement | 12-05-2016 | Case #057

Supreme Court of Justice Date: 12-05-2016 Case Nr. 710/14.5TVLSB-A.L1.S1 LINK DGSI Headline: According to Art. 18(3) of the Arbitration Act, the jurisdiction of the arbitral tribunal includes the power to decide on the validity of the arbitration agreement.   Summary: The Supreme Court of Justice is competent to decide issues on the interpretation and application […]

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Porto Court of Appeal | Kompetenz-Kompetenz | Negative Effect of the Arbitration Agreement | 13-04-2015 | Case #056

Porto Court of Appeal Date: 13-04-2015 Case Nr. 471/14.8TVPRT.P1 LINK DGSI Headline: The court judge shall dismiss the procedure in accordance with Art. 5(1) of the Arbitration Act if a party invokes the existence of an arbitration agreement, unless such agreement is manifestly null and void, ineffective or unenforceable. According to Art. 18(3) of the […]

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Porto Court of Appeal | Scope of the Arbitration Agreement | Validity Ratione Temporis | 03-11-2014 | Case #055

Porto Court of Appeal Date: 03-11-2014 Case Nr. 156/14.5TTMAI.P1 LINK DGSI Headline: The expiration of a contract does not entail the invalidy of the arbitration agreement inserted in such contract.   Summary: A sports employment contract requires a certain level of formalities. The interpretation of its clauses may not lead to a conclusion that does […]

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Évora Court of Appeal | New York Convention 1958 | The nature of an arbitration agreement | 04-10-2008 | Case #0033

Évora Court of Appeal Date: 04-10-2008 Case Nr. 1725/07-2 LINK DGSI Headline: An arbitration agreement is a real promissory contract whereby the parties oblige themselves to agree in the future. The exclusive jurisdiction of the Portuguese Courts relates only to cases where a real estate right is at stake but not a lawsuit involving interests […]

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