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:

1. The arbitral award shall be annulled if the circumstances foreseen in Art. 42(3)(1st para) of the Arbitration Act are verified.
2. However, such invalidity of the arbitral award may be supplemented by the arbitral tribunal. In such an event, the annulment procedure shall be suspended in accordance with Art. 46(8) of the Arbitration Act.
3. Albeit not obliged to supplement the award, if the arbitral tribunal does not accept to do so while the setting aside procedure is suspended, it runs the risk of seeing the award be annulled entirely.