(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Standard Form Contracts | Swaps | 14-05-2019 | Case #92

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Standard Form Contracts | Swaps | 14-05-2019 | Case #92 Case nr. 2741/16.1T8PTM.L1.S1 LINK DGSI Headline: Even though there is no express arbitration agreement in the contract, the mere reference to a framework contract which contains in itself an arbitration clause is deemed to be construed as […]

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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 | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83 Date: 27/11/2018 Case Nr. 1030/12.5TVLSB.L1.S1.S2 Link DGSI HERE Headline It is up to the arbitral tribunal to decide on its own competence even when a previous decision has been challenged via appeal lodged before the […]

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(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Waiver of the right to challenge the lack of competence | 04-12-2018 | Case #84

(Portugal) Supreme Court of Justice Case Nr. 598/17.4YRLSB S1 Date: 04/12/2018 Link DGSI HERE Headlines The arbitral tribunal has competence to decide on its own competence, and the appointment of an arbitrator by a party does not deprive it of later challenge the competence of the arbitral tribunal. Summary: The appellate decision that, in an […]

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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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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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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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Guimarães Court of Appeal | Competence of the Judicial Court to Decide the Validity of the Arbitration Agreement | 08-03-2012 | Case #074

Guimarães Court of Appeal Date: 08.03.2012 Case Nr. 1387/11.5TBBCL-B.G1 LINK DGSI Headlines: The state court is competent to decide the validity of the arbitration agreement if that validity is the subject matter of the dispute brought to the court. Summary: 1. In order to determine the nature of the subject matter at issue, it is […]

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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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Porto Court of Appeal | Competence of the Arbitral Tribunal to decide the Validity of the Arbitration Agreement | 13-04-2015 | Case #072

Porto Court of Appeal Date: 13-04-2015 Case Nr. 471/14.8TVPRT.P1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, and the state court may not decide that issue unless such invalidity is blatant. Summary: 1. Given that the parties entered into a ‘master agreement’, which stated that it was […]

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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 | Arbitration in Standard Form Contracts | 24-02-2015 | Case #068

Lisbon Court of Appeal Date: 24-02-2015 Case Nr. 2186.13.5TVLSB.L1-7 LINK DGSI Headlines: An arbitration agreement included in a standard form contract (such as a swap agreement) produces a negative effect upon the jurisdiction of the state court to hear a dispute brought in relation to it, even if the petitioner has claimed for its invalidity […]

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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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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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Supreme Court of Justice (Portugal) | Suspension of the Arbitration Agreement | Restructuring | Impecuniosity | 26-04-2016 | Case #010

Supreme Court of Justice Date: 26-04-2016 Case No. 1212/14.5T8LSB.L1.S1 LINK DGSI RELATED CASE: Decision of the Lisbon Court of Appeal HERE Headlines – A restructuring procedure does not entail the suspension of the arbitration agreement or of the arbitration proceedings – Nor does that procedure grant the company under restructure an exemption of court or […]

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Porto Court of Appeal | Kompetenz-Kompetenz | Enforceability of Arbitration Agreements by Non-Signatories | Abuse of Rights | 08-03-2016 | Case #009

Porto Court of Appeal  Date: 08-03-2016 Case Nr. 2164/14.7TBSTS.P1 LINK DGSI Headline: State courts must confine themselves to questions of non-existence, nullity or inoperability of the arbitration clause. Non-signatories may be joint to arbitration, and can even claim to be joint in certain instances that were delineated by the Court. Summary: Art. 5(1) and 18(1) […]

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