Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94

Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94 Case nr. 1460/18.9 YRLSB.L1-6 LINK DGSI Headline: Arbitral tribunals shall have the power to enforce a penalty payment, particularly in compulsory arbitrations.   Summary: I – In an arbitration proceeding where the defendants were obliged […]

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Lisbon Court of Appeal | Compulsory Penalty | Motivation of the arbitral award | 13-02-2014 |Case #040

Lisbon Court of Appeal Date: 13-02-2014 Case Nr. 724/13.2YRLSB-8 LINK DGSI Headline: In the absence of an express provision providing jurisdiction, arbitral tribunals cannot impose periodic penalty payments.   Arbitral awards that do not explain relevant facts should be annulled by state courts. Summary: The legitimacy of an arbitral tribunal arises from the will of […]

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