Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085 Lisbon Court of Appeal Date: 19-02-2015 Case Nr. 1422/14.5YRLSB.L1-8 LINK DGSI Headlines: In arbitral proceedings, compliance with the due process principles must always be guaranteed. However, the tribunal may decide immediately on certain submitted requests without necessarily hearing the parties, […]

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Lisbon Court of Appeal | Arbitration’s Costs | Motivation of the arbitral award | 13-02-2014 | Case #041

Lisbon Court of Appeal Date: 13-02-2014 Case Nr. 1053/13.7YRLSB-2 LINK DGSI   Headline: It is up to the arbitral tribunal to decide on their fees and other costs of the arbitration. It shall not be annulled a final award that does not contain the motivation regarding the factual background that was considered to be proven by […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 01-07-2014 | Case #064

Lisbon Court of Appeal Date: 01-07-2014 Case Nr. 200/14.6YRLSB-7 LINK DGSI Headline: Complexity of the case, time consumed, (and other) factors must be considered when fixing the arbitrator’s fees.    Summary: When fixing the arbitrators’ fees, it is necessary to consider that this is a proceeding in which issues of high complexity are discussed, involving […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 10-09-2013 | Case #038

Lisbon Court of Appeal Date: 10-09-2013 Case Nr. 297/13.6YRLSB-7 LINK DGSI   Headline: Arbitrators may consider circumstances such as the complexity of the issues decided, the value of the case and the time spent on arbitral proceedings to determine and fix costs on the parties.   Summary: Under Article 17(2) of the Voluntary Arbitration Act […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 06-02-2014 |Case #039

Lisbon Court of Appeal Date: 06-02-2014 Case Nr. 866/13.4YRLSB-2 LINK DGSI   Headline: Parties may challenge the amount of fees and expenses fixed by arbitrators in the state court. However, this right is lost if the parties have shown explicit signs of accepting the fees set by arbitrators in the terms of reference.   Summary: […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 12-02-2015 | Case #066

Lisbon Court of Appeal Date: 12-02-2015 Case Nr. 1551/14.5YRLSB-8 LINK DGSI Headline: The amount due to the arbitrators shall be calculated in accordance with proportionality, fairness and justice criteria, taking also into account the complexity and number of acts that have been carried out.   Summary: In fixing the arbitrators’ fees it will be necessary to […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 15-01-2015 | Case #065

Lisbon Court of Appeal Date: 15-01-2015 Case Nr. 1362/14.8YRLSB.L1-8 LINK DGSI Headline: The amount of the arbitrators’ fees shall be calculated in proportion to the complexity of the award and the time spent during the proceedings.   Summary: The fact that the arbitral proceedings were not contested and the subsequent reduction in both the complexity […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 29-04-2014 | Case #063

Lisbon Court of Appeal Date: 29-04-2014 Case Nr. 1337/13.4YRLSB-7 LINK DGSI Headline: The arbitrators’ fees shall be calculated in accordance with the complexity of the case and the stage where the proceedings are terminated.   Summary: In the context of an arbitral proceeding not contested by the defendant, the proceedings shall proceed, after the case […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 04-12-2014 | Case #048

Lisbon Court of Appeal Date: 04-12-2014 Case Nr. 1181/14.1YRLSB.L1-6 LINK DGSI Headline: Arbitral tribunals are prevented from fixing fees manifestly disproportionate to the service they provide. Summary: Notwithstanding the economic value of the interests in dispute, the total amount of € 18,000 fixed as fees of the members of the arbitral tribunal is disproportionate in […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 14-07-2016 | Case #0015

Lisbon Court of Appeal Date: 14-07-2016 Case Nr. 660/16.0YRLSB-2 LINK DGSI Headline: In the absence of a prior agreement of the parties, arbitrators can decide on their own fees.  Summary: 1. As per Art. 17 (2) of the Voluntary Arbitration Act (VAL), in the absence of an agreement between the parties, the arbitrators can decide […]

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