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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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 | 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 | 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) | 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)| 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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