Porto Court of Appeal
Case Nr. 0250581
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.
- Both Portugal and the United Kingdom acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.
- It is therefore indisputable that the rules of the Convention apply to procedures for the recognition of foreign arbitral awards in Portugal, and not the provisions of Art. 1094 et seq. of the Portuguese Code of Civil Procedure.
- The recognition proceeding is a lawsuit of mere declaration or appreciation and the court may only verify if the arbitral award is in a condition to produce its effects in Portugal.