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Coimbra Court of Appeal | Arbitration Costs | Application of judicial costs to arbitral proceedings | Case #96

Coimbra Court of Appeal | Arbitration Costs | Application of judicial costs to arbitral proceedings | Case #96 Case nr. 1957/18.0YRLSB.C1 LINK DGSI Headline: The Legal Regulation of the Judicial Procedural Costs is not applicable to arbitral proceedings   Summary: According to Art. 42(5) of the LAV (Law no. 63/2011, of 14/12), and provided that […]

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Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019| Case #95

Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019 | Case nr. 2794/18.8YRLSB.L1-2 | Case #95 LINK DGSI Headline: According to the Portuguese Arbitration Law, an arbitration award which lacks reasoning shall be considered null and void. However, a merely defective statement of reasons is not sufficient to grant the annulment […]

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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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(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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Lisbon Court of Appeal | Right to Appeal | Interlocutory Decisions | 07-05-2019 | Case #091

Lisbon Court of Appeal Date: 07-05-2019 Case Nr. 2553/18.8YRLSB.L1-2 LINK DGSI Headline: Art. 39(4) of the Portuguese Arbitration Law provides that the right to appeal depends on the parties’ express agreement. However, this regime concerns merely those awards that settle the dispute or a part of it. Therefore, it does not extend to interlocutory arbitral […]

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Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | Competence of the Arbitral Tribunal | 02-05-2019 | Case #091

Lisbon Court of Appeal Date: 02-05-2019 Case Nr. 1956/18.2YRLSB-6 LINK DGSI Headline: In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is prevented from contest the claim by raising an objection grounded in the invalidity of the patent in dispute. Summary: In a mandatory arbitration, the defendant is […]

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Lisbon Court of Appeal | Insurance Contract | Arbitration Agreement | 07-03-2019 | Case #090

Lisbon Court of Appeal Date: 07-03-2019 Case Nr. 7459/16.2T8LSB-A.L1-2 LINK DGSI Headline: The insured is not bound by the arbitration agreement inserted in an insurance contract entered into between the insurer and the policyholder.   Summary: In the vast majority of cases, the insurance on behalf of another person is a contract to the benefit […]

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Lisbon Court of Appeal | Motivation of the Arbitral Award | 21-03-2019 | Case #089

Lisbon Court of Appeal Date: 21-03-2019 Case Nr. 1412/18.9YRLSB.L1-2 LINK DGSI Headline: The arbitral award must contain its motivation, consisting of an assessment of the evidence produced, the indication of the facts proven, particularly those admitted by the parties, the reasons justifying the application of the legal rules to the facts, and the conclusion resulting […]

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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 | 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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Lisbon Court of Appeal | IBA Guidelines | Conflicts of Interest | 22-01-2019 | Case #086

The IBA Guidelines are American rules, unfit for the European rules, and are useful as any document on ethics, but the parties are not obliged to comply with them, much less the arbitrators.

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Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085 Lisbon Court of Appeal Date: 19-02-2015 Case Nr. 1422/14.5YRLSB.L1-8 LINK DGSI Headlines: In arbitral proceedings, compliance with the due process principles must always be guaranteed. However, the tribunal may decide immediately on certain submitted requests without necessarily hearing the parties, […]

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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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Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082

Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082 Date: 15-11-2018 Case Nr. 156/18.6YRGMR LINK DGSI Headline: The defects that can justify the action for annulment of the arbitral award are procedural defects equivalent to procedural violations – procedural violations or specific procedures of arbitration proceedings. The […]

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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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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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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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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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Lisbon Court of Appeal | Arbitration’s Costs | Motivation of the arbitral award | 13-02-2014 | Case #041

Lisbon Court of Appeal Date: 13-02-2014 Case Nr. 1053/13.7YRLSB-2 LINK DGSI   Headline: It is up to the arbitral tribunal to decide on their fees and other costs of the arbitration. It shall not be annulled a final award that does not contain the motivation regarding the factual background that was considered to be proven by […]

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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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Lisbon Court of Appeal | Multy-Party Arbitration & Swaps |14-06-2018 | Case #071

Lisbon Court of Appeal Date: 14-06-2018 Case Nr. 81/17.8YELSB-8 LINK DGSI Headlines: A swap master agreement entered separately into with different individuals and the bank allows the joinder of multiple claimants in arbitration. Summary: 1. If a number of swap agreements between different individuals and the same Bank is concluded under a similar contractual framework, […]

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Lisbon Court of Appeal | Modification of Arbitral Awards | 28-01-2016 | Case #070

Lisbon Court of Appeal | Modification of Arbitral Awards | 28-01-2016 Date: 28-01-2016 Case Nr. 660/15.8YRLSB-2 Link DGSI Headlines An arbitral award may be modified if the facts on which it was based have subsequently suffered a material change.   Summary 1. The extent to which the motivation of the arbitral award is required for […]

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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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Lisbon Court of Appeal | Arbitrators’ Fees | 01-07-2014 | Case #064

Lisbon Court of Appeal Date: 01-07-2014 Case Nr. 200/14.6YRLSB-7 LINK DGSI Headline: Complexity of the case, time consumed, (and other) factors must be considered when fixing the arbitrator’s fees.    Summary: When fixing the arbitrators’ fees, it is necessary to consider that this is a proceeding in which issues of high complexity are discussed, involving […]

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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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Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | 21-06-2018 | Case #067

Lisbon Court of Appeal Date: 21-06-2018 Case Nr. 2384/17.2YRLSB.L1-8 LINK DGSI Headline: In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is admitted to contest the claim by raising an objection grounded in the invalidity of the patent in dispute.   Summary: In a mandatory arbitration initiated according […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 10-09-2013 | Case #038

Lisbon Court of Appeal Date: 10-09-2013 Case Nr. 297/13.6YRLSB-7 LINK DGSI   Headline: Arbitrators may consider circumstances such as the complexity of the issues decided, the value of the case and the time spent on arbitral proceedings to determine and fix costs on the parties.   Summary: Under Article 17(2) of the Voluntary Arbitration Act […]

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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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Lisbon Court of Appeal | Arbitrators’ Fees | 06-02-2014 |Case #039

Lisbon Court of Appeal Date: 06-02-2014 Case Nr. 866/13.4YRLSB-2 LINK DGSI   Headline: Parties may challenge the amount of fees and expenses fixed by arbitrators in the state court. However, this right is lost if the parties have shown explicit signs of accepting the fees set by arbitrators in the terms of reference.   Summary: […]

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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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Lisbon Court of Appeal | Appeal and Waiver of the Right to Appeal | Annulment of Arbitral Award | 04-06-2013 | Case #045

Lisbon Court of Appeal Date: 04-06-2013 Case Nr. 2548/10.0TVLSB.L1-7 LINK DGSI Headline: Courts may annul the award if basic procedural principles are violated, i.e. internal contradiction within the award, failure to treat the parties equally or lack of reasoning behind the decision.  Summary: I – In view of the legal inadmissibility, due to the waiver […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 12-02-2015 | Case #066

Lisbon Court of Appeal Date: 12-02-2015 Case Nr. 1551/14.5YRLSB-8 LINK DGSI Headline: The amount due to the arbitrators shall be calculated in accordance with proportionality, fairness and justice criteria, taking also into account the complexity and number of acts that have been carried out.   Summary: In fixing the arbitrators’ fees it will be necessary to […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 15-01-2015 | Case #065

Lisbon Court of Appeal Date: 15-01-2015 Case Nr. 1362/14.8YRLSB.L1-8 LINK DGSI Headline: The amount of the arbitrators’ fees shall be calculated in proportion to the complexity of the award and the time spent during the proceedings.   Summary: The fact that the arbitral proceedings were not contested and the subsequent reduction in both the complexity […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 29-04-2014 | Case #063

Lisbon Court of Appeal Date: 29-04-2014 Case Nr. 1337/13.4YRLSB-7 LINK DGSI Headline: The arbitrators’ fees shall be calculated in accordance with the complexity of the case and the stage where the proceedings are terminated.   Summary: In the context of an arbitral proceeding not contested by the defendant, the proceedings shall proceed, after the case […]

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Porto Court of Appeal | Annulment of arbitral award | Time limit to render the award | 23-10-2014 | Case #062

Porto Court of Appeal Date: 23-10-2014 Case Nr. 178/13.3TVPRT.P1 LINK DGSI Headline: The submission agreement shall expire, and the arbitral tribunal shall be relieved from its remit if the arbitral award is made after almost two years since the date on which the arbitration proceedings commenced.   Summary: An award rendered by the Arbitral Commission […]

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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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Lisbon Court of Appeal | Concurrent jurisdiction of arbitral tribunals and state courts | 30-06-2015 | Case #060

Lisbon Court of Appeal Date: 30-06-2015 Case Nr. 1934/12.5 TBCSC-A.L1-1 LINK DGSI Headline: State courts must decide any procedural objection “ex officio”, except if the objection related to the existence of an arbitration agreement, in which situation only one of the parties can raise that objection.   Summary: The jurisdiction of an arbitral tribunal, accorded […]

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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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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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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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Lisbon Court of Appeal | Application of the new Arbitration Act ratione temporis | 14-04-2016 | Case #050

Lisbon Court of Appeal Date: 14-04-2016 Case Nr. 2455/13.4YYLSB-A.L1-2 LINK DGSI   Headline: If the LAV of 1986 is in force at the time that the parties submitted the request for arbitration, this will be the law applicable to arbitration proceedings, even if the LAV of 2011 is in force at the time that the […]

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Lisbon Court of Appeal | Arbitrators’ Fees | 04-12-2014 | Case #048

Lisbon Court of Appeal Date: 04-12-2014 Case Nr. 1181/14.1YRLSB.L1-6 LINK DGSI Headline: Arbitral tribunals are prevented from fixing fees manifestly disproportionate to the service they provide. Summary: Notwithstanding the economic value of the interests in dispute, the total amount of € 18,000 fixed as fees of the members of the arbitral tribunal is disproportionate in […]

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Lisbon Court of Appeal | Amendments to the Memorials | Amendment of the Relief Sought | Ultra Petita| 27-11-2014 | Case #047

Lisbon Court of Appeal Date: 27-11-2014 Case Nr. 703/14.2YRLSB.L1-2 LINK DGSI Headline: An arbitral tribunal has not exceeded its power when it declares relief pursuant to an amendment to the memorials in the arbitration, as long as there has not been unjustified delay, and both parties have received the opportunity to make submissions on the […]

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Lisbon Court of Appeal | Application of the New Arbitration Act Ratione Temporis | 11-06-2013 | Case #046

Lisbon Court of Appeal Date: 11-06-2013 Case Nr. 955/12.2YRLSB-7 LINK DGSI   Headline: The 2011 LAV cannot apply to arbitration proceedings initiated before its entry into force, unless all the parties to the arbitration expressly or tacitly agree to its application.   Summary: 1. Article 4 (2) of Law No 63/2011, which approves the 2011 […]

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Porto Court of Appeal | Annulment of the arbitral award | Supplementation by the Arbitral Tribunal | 23-06-2015 | Case #052

Porto Court of Appeal Date: 23-06-2015 Case Nr. 9/15.0YRPRT LINK DGSI Headline: The arbitral award may be supplemented by the arbitral tribunal to correct any deficiency that may produce its invalidity. The supplementation can be made while an ongoing annulment procedure is suspended.   Summary: The arbitral award shall be annulled if the circumstances foreseen […]

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Porto Court of Appeal | Partial annulment of an arbitral award | Lack of motivation | 04-06-2013 | Case #051

Porto Court of Appeal Date: 04-06-2013 Case Nr. 119/13.8YRPRT LINK DGSI Headline: If the arbitral tribunal failed to deal with all the matters submitted to arbitration, the award shall only be annulled partially, with regard to the part that has not been dealt with.   Summary: According to Art. 42(3) of the Arbitration Act, the […]

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Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049

Lisbon Court of Appeal Date: 15-03-2016 Case Nr. 871/15.6YRLSB-7 LINK DGSI Headline: An arbitral award may only be set aside if extremely exceptional circumstances occur, such as the violation of fundamental principles of due process that may have had an influence in the outcome of the case. An arbitral award is sufficiently motivated if it […]

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Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 01-02-2018 | Case #023

Lisbon Court of Appeal Date: 01-02-2018 Case Nr. 1320/17.0YRLSB-8 LINK DGSI Headline: The Arbitrator’s prior opinion on a given issue does not in itself imply a lack of independence or impartiality. Summary: The fact that the arbitrator has an opinion about certain issues does not in itself imply lack of impartiality or impartiality. In certain […]

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Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 03-10-2017 | Case #022

Lisbon Court of Appeal Date: 03-10-2017 Case Nr. 1177/17.1YRLSB-7 LINK DGSI Headline: In cases where omission to disclose is of substance that is fundamental in nature, this in itself would point towards a lack of independence or impartiality. Where the challenge is based on the fact that certain relevant evidence was not considered by 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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Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | IBA Guidelines | Challenge of Arbitrator | 13-09-2016 | Case #021

Lisbon Court of Appeal Date: 13-09-2016 Case Nr. 581/16.7YRLSB.-1 LINK DGSI Headline: A challenge to an arbitrator’s independence and impartiality is to be determined through an objective criterion, and not through the eyes of either party. A nomination for numerous arbitrations does not, by itself, constitute grounds for challenge of the arbitrator, especially in a […]

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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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Lisbon Court of Appeal | Enforcement of Arbitral Awards | Grounds for Resisting Enforcement | 12-07-2012 | Case #0035

Lisboa Court of Appeal Date: 12-07-2012 Case Nr. 2191/11.6YYLSB-A.L1-7 LINK DGSI Headlines: An arbitral award equates to a court judgment for the purposes of an enforcement procedure. The award debtor may not invoke there any ground that he could have invoked during a setting aside procedure.   Summary: The arbitral award is an enforceable document, […]

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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 | Liquidated Damages Clause | International Public Policy | 12-07-2012 | Case #0030

Lisbon Court of Appeal Date: 12-07-2012 Case Nr. 7328/10.0TBOER.L1-1 LINK DGSI Related CASE: Supreme Court of Justice | 14-03-2013 | Case #031 Headline: Evidences of the circumstances set forth in Art. V(1) of the NYC shall be introduced within 10 days after the respondent has been summoned. Liquidated damages clauses are not contrary to the […]

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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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Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 29-09-2015 | Case #0020

Lisbon Court of Appeal Date: 29-09-2015 Case Nr. 827/15.9YRLSB-1 LINK DGSI Headline: Non-disclosure of relevant circumstances may lead to justifiable doubts against an arbitrators independence and impartiality.   Summary: The arbitrator did not disclose at the time of his nomination or appointment: his previous participation in identical or similar arbitrations, as well as the opinion […]

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Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 24-03-2015 | Case #019

Lisbon Court of Appeal Date: 24-03-2015 Case Nr. 1361/14.0YRLSB.L1-1 LINK DGSI Headline: Arbitrator can be disqualified for being repeatedly appointed by same party/law firm if the circumstances in question give rise to justifiable doubts. Provisions under IBA Guidelines on the Conflict of Interest in International Arbitration 2004, Orange List (3.1.3, 3.1.5 and 3.3.7) were referred […]

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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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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 | Arbitrators’ Fees | 14-07-2016 | Case #0015

Lisbon Court of Appeal Date: 14-07-2016 Case Nr. 660/16.0YRLSB-2 LINK DGSI Headline: In the absence of a prior agreement of the parties, arbitrators can decide on their own fees.  Summary: 1. As per Art. 17 (2) of the Voluntary Arbitration Act (VAL), in the absence of an agreement between the parties, the arbitrators can decide […]

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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) | Ultra Petita| IBA Rules on the Taking of Evidence | 12-07-2018 | Case #0013

Lisbon Court of Appeal Date: 12-07-2018 Case Nr. 1254/17.9YRLSB-L1-2 LINK DGSI Headline: An award can be successfully challenged under Art. 46/3 (Arbitration Act) when parties have been treated unequally & that inequality had a decisive effect on the decision. Summary: Similar to other jurisdictions, the production of evidence is not governed by the LAV, but […]

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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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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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Porto Court of Appeal | Jurisdiction of Sports Arbitration Court | 27-06-2018 | Case #008

Porto Court of Appeal Date: 27-06-2018 Case Nr. 64161/17.9YIPRT.P1 LINK DGSI This case summary was kindly prepared by Rishabh Raheja, (rishabharaheja@gmail.com, NALSAR University of Law), Sameer Thakur (sameerthakur@live.in, NALSAR University of Law), and Abhishek Babbar (abhishekbabbar1996@gmail) Headlines: The Sports Arbitration Court (TAD) does not have the jurisdiction to decide on purely private matters that contain […]

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Lisbon Court of Appeal | Kompetenz-Kompetenz | Financial Distress of one of the Parties does not render the Arbitration Clause Inoperative | 22-09-2015 | Case #007

Lisbon Court of Appeal Date: 22-09-2015 Case Nr. 1212/14.5T8LSB.L1-7 LINK DGSI  Related CASE: Decision of the Supreme Court of Justice of 26-04-2016 HERE Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. The circumstance that the petitioner is under a restructure procedure does necessary mean […]

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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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Live Now !!! The Case Law Section of the Guide for Portuguese Arbitration is online!!!

Case Law Section of the Guide for Portuguese Arbitration VISIT CASE LAW The Case Law section of the Online Guide for Portuguese Arbitration has just been released. We proudly announce that the section dedicated to the Portuguese Case Law on arbitration has been uploaded on the website arbitration.Pt. For the easy perusal of international users, […]

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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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