Supreme Court of Justice (Portugal) | Hierarchical Competent Court to Recognise Foreign Arbitral Awards | 25-02-2014 | Case #037

Supreme Court of Justice Date: 25-02-2014 Case Nr. 29/13.9YRPRT.S1 LINK DGSI Headlines:  In proceedings commenced before the new arbitration law entered into force, all foreign awards and all decisions by foreign courts were to be reviewed and confirmed by Portuguese courts. Similarly, in proceedings commenced after the new arbitration law entered into force, all foreign […]

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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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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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Lisbon Court of Appeal | New York Convention 1958 | Recognition before Enforcement | 08-06-2010 | Case #0027

Lisbon Court of Appeal Date: 08-06-2010 Case Nr. 243/10.9YRLSB-7 LINK DGSI Headline: An arbitral award rendered in a country party to the New York Convention needs to be recognised in Portugal before it is enforced. Summary: A foreign arbitral award is not automatically enforceable within the Portuguese jurisdiction without being subjected to a prior revision […]

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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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