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:

1. According to Art. 42(3) of the Arbitration Act, the arbitral award shall state the reasons upon which it is based.
2. In the context of an arbitration arisign out of an automobile accident, if the arbitral tribunal fails to deal with the issue of the value of the automobile’s salvage, there is a failure to comply with the tribunal’s remit that can lead to the annulment of the award.
3. However, to the extent that this omission can be separated from the remainder of the award, the Court of Appeal shall annul only the part of the award that did not deal with that difference.