(Portugal) Supreme Court of Justice | Counterclaim – Admissibility | 14-05-2019| Case #93

(Portugal) Supreme Court of Justice | Counterclaim – Admissibility | 14-05-2019| Case #93 Case nr. 1296/17.4YRLSB.S1 LINK DGSI Headline: According to Art. 33(4) of the Portuguese Arbitration Law, the admissibility of a counterclaim depends on the subject matter being or not envisaged in the arbitration agreement. Given that the parties agreed on computing the final […]

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(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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(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

Supreme Court of Justice Date: 15-01-2019 Case Nr. 28/14.3TBOHP.C1.S1 LINK DGSI   Headline: An arbitration agreement may be extended to non-signatory parties that belng to the same group of companies  Summary: According to Arts. 406, nr. 2 and 217, nr. 1 of the Portuguese Civil Code, the circumstance that one of the petitioners (a company […]

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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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(Portugal) Supreme Court of Justice | Enforcement of the Arbitral Award | Res Judicata | Annulment of the Arbitral Award | 04-10-2018 | Case #080

Supreme Court of Justice Date: 04-10-2018 Case Nr. 10758/01.4TVLSB-A.L1.S1 LINK DGSI Headline: The Old Arbitration Law (1986) will apply to enforcement procedures initiated before the New Arbitration Law came into force. The Old Arbitration Law provided for the following mechanisms to challenge an arbitral award: (a) annulment procedure; (b) appeal before the Court of Appeals; […]

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(Portugal) Supreme Court of Justice | Annulment of the Award | Lack of Motivation | Liquidated Damages | 27-09-2018 | Case #079

Supreme Court of Justice Date: 27-09-2018 Case Nr. 776/17.6YRLSB.S1 LINK DGSI Headline: In a lawsuit for the annulment of an arbitral award, the appeal against the decision of the Court of Appeals is admissible before the Supreme Court, provided that the appeal deals only with the issue of whether the requisites for that annulment are […]

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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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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) | Application of the new Arbitration Act ratione temporis | Appeal and Setting Aside | 13-07-2017 | Case #044

Supreme Court of Justice Date: 13-07-2017 Case Nr. 2455/13.4YYLSB-A.L1.S1 LINK DGSI Headline: Arbitrations commenced before the 2011 LAV entered into force, regardless of when the arbitral award is rendered. Examination of the merits of the arbitral award is possible when the award is under appeal, but not under actions for setting aside, or in an […]

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Supreme Court of Justice (Portugal) | Application of the Code of Civil Procedure to Arbitral Proceedings | Due Process | 10-12-2015 | Case #042

Supreme Court of Justice Date: 10-12-2015 Case Nr. 3486/12.7TBLRA.C1.S1 LINK DGSI Headline: Arbitrators may dispense with the requirement of taking personal testimony from both parties.   Summary: The arbitrator, as a well-informed and impartial judge, has to decide the question that the parties ask of him by relying on the best interpretation of the law […]

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Supreme Court of Justice (Portugal) | Appeal against the Arbitral Award | 10-11-2016| Case #043

Supreme Court of Justice Date: 10-11-2016 Case Nr. 1052/14.1TBBCL.P1.S1 LINK DGSI Headline: Appeal of the annulment of an award should evaluate the specific grounds used to annul the award; and a review of the merits of the judgement should not be done.   Summary: The rule contained in no. 1 of Art. 671 of the […]

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Supreme Court of Justice (Portugal) | International Public Policy | Good Will Compensation | Distribution Agreement | 23-10-2014 | Case #058

Supreme Court of Justice Date: 23-10-2014 Case Nr. 1036/12.4YRLSB.S1 LINK DGSI Headline: International public policy of the Portuguese State is a vague, fluid and imprecise concept, but it can be defined as an amalgamation of basic values and dominant concepts of social, ethical, political and economic principles and rules that the decision-maker must, in each […]

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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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Supreme Court of Justice (Portugal) | Separability of the Arbitration Agreement | 06-04-2017 | Case #053

Supreme Court of Justice Date: 06-04-2017 Case Nr. 416/16.0YRLSB.S1 LINK DGSI Headline: Where an arbitration agreement is an integral part of a contract, and that contract has not received necessary signature, the arbitration agreement is non-existent despite its autonomy.     Summary: Where there is a breach of the rules of substantive jurisdiction, in particular of […]

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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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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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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) | Territorial Jurisdiction of the Courts of Appeal | Res judicata | Seat of Arbitration |06-09-2016 | Case #0018

Supreme Court of Justice Date: 06-09-2016 Case Nr. 158/15.4YRCBR.S1 LINK DGSI Headline: As per Art. 39(1) of the LAV, the jurisdiction to appoint arbitrators lies with the court situated in the ‘seat of arbitration’. The time-limit to file an application for setting aside an award is a ‘judicial deadline’, and does not lead to extinction […]

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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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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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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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Supreme Court of Justice (Portugal) | Replacement of Arbitrator and Impact on the Proceedings | 15-02-2017 | Case #006

Supreme Court of Justice  Date: 15-02-2017 Case Nr. 831/15.7YRLSB.S1 LINK DGSI Headlines: When an arbitrator is replaced, the arbitral tribunal shall take the procedural steps that it deems necessary, and it can decide for the repetition of acts and later issue the award that can be subject to appeal to the competent Court of Appeal. […]

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Supreme Court of Justice (Portugal)| Swaps & Public Policy | 29-01-2015 | Case #005

Supreme Court of Justice Date: 29-01-2015 Case Nr. 531/11.7TVLSB.L1.S1 LINK DGSI Headlines – A swap (interest rate swap) contract must be considered as a mere speculation with no actual and serious connection to an underlying relationship, making it contrary to the fundamental principles of our community, unfit to perform any serious function, and therefore contrary […]

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Supreme Court of Justice (Portugal) | Annulment and Motivation of the Arbitral Award | 16-03-2017 | Case #004

Supreme Court of Justice  Date: 16-03-2017 Case Nr. 1052/14.1TBBCL.P1.S1 LINK DGSI Headlines: – An arbitral award may only be challenged in an annulment procedure and it is not subject to appeal unless the parties have provided otherwise. – The grounds for the annulment are set forth in an exhaustive manner and the superior courts are […]

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Supreme Court of Justice (Portugal) | Ex Aequo et Bono | Motivation of the Arbitral Award | 22-09-2016 | Case #003

Supreme Court of Justice Date: 22-09-2016 Case Nr. 660/15.8YRLSB.L1.S1 LINK DGSI Headlines: The arbitrators shall not be deemed as deciding a case according to “ex aequo et bono” if they are merely applying a substantive legal rule that calls for the decision to be based on a “equity” criterion. The arbitral award should be considered […]

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Supreme Court of Justice (Portugal)| Res judicata |04-07-2013 | Case #002

It is the jurisdiction of the labour courts to know, in civil matters, enforcements based in an award delivered by an arbitral tribunal concerning a dispute arising from the employment relationship.

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Supreme Court of Justice (Portugal) | IBA Guidelines Conflicts of Interest |12-07-2011 | Case #001

It follows from the constitutional framework that arbitral tribunals are equated to state courts and, once constituted an arbitral tribunal, the essencial characteristics of a state court must be observed, inter alia the impartiality of the decision maker, including those appointed by the parties.

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