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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Guimarães Court of Appeal | Supervening Impecuniosity | Ineffectiveness of the Arbitration Agreement | 21-02-2019 | Case #088

Guimarães Court of Appeal   Date: 21-02-2019 Case Nr. 317/18.8T8PRT.G1 LINK DGSI Headline: The supervening economic impossibility of the signatories of an arbitration agreement (preventing them from bearing the inevitable costs of such dispute resolution mechanism), may constitute a manifest ineffectiveness of such arbitration agreement. Accordingly, the state court is competent to decide the question […]

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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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Supreme Court of Justice (Portugal) | State Courts are not Competent to Decide the Validity of an Arbitration Agreement | 09-07-2015 | Case #075

Supreme Court of Justice Date: 09-07-2015 Case Nr. 1770/13.1TVLSB.L1.S1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. The interpretation of any arbitration agreement, such as an arbitration clause, relating to possible and future disputes arising from a specific contractual relationship, […]

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Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement | 02-06-2015 | Case #073

Supreme Court of Justice Date: 02-06-2015 Case Nr. 1279/14.6TVLSB.S1 LINK DGSI  Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. Given that the parties have agreed on arbitration to solve any dispute arising out of the contract they have entered into, and the […]

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Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement |28-05-2015 | Case #069

Supreme Court of Justice Date: 28-05-2015 Case Nr. 2040/13.0TVLSB.L1.S1 LINK DGSI  Headlines: State courts are not competent to decide the invalidity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. Since the defendant invoked an arbitration agreement in a timely manner, only in cases where such agreement is manifestly invalid, inoperative or ineffective […]

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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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Guimarães Court of Appeal | Kompetenz-Kompetenz | Impecuniosity & Enforceability of the Arbitration Agreement | 25-09-2014 | Case #017

Guimarães Court of Appeal | Kompetenz-Kompetenz | Impecuniosity & Enforceability of the Arbitration Agreement | 25-09-2014 Date: 25-09-2014 Case No. 403/13.0TCGMR.G1 LINK DGSI Headlines – The arbitral tribunal is competent to decide on its own competence and the state court can only assess the validity, applicability and enforceability of the arbitration agreement where there are […]

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Supreme Court of Justice (Portugal) | Kompetenz-Kompetenz | 21-06-2016 | Case #0016

Supreme Court of Justice Date: 21-06-2016 Case Nr. 301/14.0TVLSB.L1.S1 LINK DGSI Headline:  The court may refuse to refer the parties to the arbitral tribunal only where the arbitration agreement is manifestly null and void. Summary: 1. In assessing objections to the jurisdiction of the arbitral tribunal, the court must act with restraint, and give the […]

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Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

Lisbon Court of Appeal Date: 05-11-2015 Case Nr. 2672-14.0T8LSB.L1-6 LINK DGSI Headlines: An arbitration clause in a framework agreement is applicable to contracts concluded under it. The failure to raise objections to the court’s jurisdiction on a dispute arising from one contract does not deprive a party of its right to raise such a defence […]

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