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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Supreme Court of Justice (Portugal) | Public Policy | New York Convention 1958 | 09-10-2003| Case #025

Supreme Court of Justice (Portugal) Date: 09-10-2003 Case Nr. 03B1604 LINK DGSI Headline: A foreign arbitral award may be refused recognition only in the cases set forth in Article V of the New York Convention 1958— for instance, when such recognition would be contrary to the “international public policy” of the Portuguese State. The international […]

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Supreme Court of Justice (Portugal) | Public Policy | New York Convention 1958 | 02-02-2006 | Case #024

Supreme Court of Justice (Portugal) Date: 02-02-2006 Case Nr. 05B3766 LINK DGSI Headline: When recognition of an award under the New York Convention is being contested, it is the provisions of the Convention and the law of the seat of the arbitration that must be used to determine if proper notice of appointment of arbitrator […]

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Supreme Court of Justice (Portugal) | New York Convention 1958 | Recognition of Arbitral Awards | Arbitration Clause inserted in a Standard Form Contract | 18-02-2014 | Case #0036

Supreme Court of Justice Date: 18-02-2014 Case Nr. 1630/06.2YRCBR.C2.S1 LINK DGSI RELATED CASE #28 (Coimbra Court of Appeal) Headlines: The NYC applies to the recognition and enforcement of foreign arbitral awards in Portugal. Standard form contracts are characterized by three fundamental elements: they are generic, pre-formulated and not subject to modification. If a set of […]

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Porto Court of Appeal | New York Convention 1958 | Recognition of Foreign Arbitral Awards | 07-12-2002 | Case #0034

Porto Court of Appeal Date: 07-12-2002 Case Nr. 0250581 LINK DGSI Headlines: The NYC1958 applies to procedures aimed at recognising foreign arbitral awards. To that effect, Art. 1094 et seq. of the Portuguese Code of Civil Procedure do not apply.   Summary: Both Portugal and the United Kingdom acceded to the New York Convention on […]

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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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Évora Court of Appeal | New York Convention 1958 | Commencement of the Arbitration Proceedings | 05-06-2008 | Case #0032

Évora Court of Appeal Date: 05-06-2008 Case Nr. 876/08-3 LINK DGSI Headline: The arbitration proceedings are deemed to be commenced when the request for arbitration is sent to the respondent. Summary: For the purpose of Arts. 289 and 389(1)(d) of the Portuguese Code of Civil Procedure, the arbitration proceedings are deemed to be commenced with […]

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Supreme Court of Justice (Portugal) | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 14-03-2013 | Case #0031

Supreme Court of Justice Date: 14-03-2013 Case Nr. 7328/10.0TBOER.L1.S1 LINK (external) RELATED CASE – Lisbon Court of Appeal | 12-07-2012| Case #030 Headlines: The recognition and enforcement of a foreign arbitral award may only be refused if it is manifestly contrary to the principles of international public policy of Portugal. If the agreement was freely […]

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Lisbon Court of Appeal | New York Convention 1958 | Staying of the Recognition Procedure and Posting Adequate Security| 30-06-2011 | Case #0029

Lisbon Court of Appeal Date: 30-06-2011 Case Nr. 2004/08.6TVLSB-A-7 LINK DGSI Headline: Art. VI of New York Convention provides for the staying of the recognition procedure when the annulment of the award is pending in the contracting State in which the award was made. It also provides that, in such event, the party seeking the […]

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Coimbra Court of Appeal | New York Convention 1958 | Recognition of Arbitral Awards | Arbitration Clause inserted in a Standard Form Contract | 19-06-2013 | Case #0028

Coimbra Court of Appeal Date: 19-06-2013 Case Nr. 1630/06.2YRCBR.C2 LINK DGSI RELATED CASE #036 (Supreme Court of Justice)   Headline: A party wishing to rely on an arbitration clause inserted in a standard form contract must show that that clause was subjected to bargain between the parties, under penalty of nullity. The state court before […]

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Supreme Court of Justice (Portugal) | New York Convention 1958 | Recognition before Enforcement | 19-03-2009 | Case #0026

Supreme Court of Justice Date: 19-03-2009 Case Nr. 299/09 LINK DGSI DGSI does not provide a link to this case, which can be found in “Colectânea de Jurisprudência – Acs. Supremo Tribunal de Justiça”, 2009, nº 214, Vol. I, p. 147 to 149 Headline: An arbitral award rendered in a country party to the New […]

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Supreme Court of Justice (Portugal) | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 14-03-2017 | Case #012

Supreme Court of Justice Date: 14-03-2017 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award enforcing a penal clause of such high magnitude that it impairs the personal and economic freedoms of a party is incompatible with the international public order of Portugal, and is therefore unenforceable. Summary: The fact that the New York Convention […]

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Lisbon Court of Appeal | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 02-06-2016 | Case #0011

Lisbon Court of Appeal Date: 02-06-2016 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award that imposes a disproportionate and excessive penalty on a party is manifestly inconsistent with the international public order of Portugal, and is therefore unenforceable by a  Portuguese court. Summary: Prior to enforcement of the award, the court must satisfy itself […]

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