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 New York Convention may only be refused under the conditions set forth in Art. V of that Convention.

Summary:

1. The court of appeal in whose district is located the domicile of the person against whom the award is invoked holds hierarchical jurisdiction to decide on the recognition of that award, even if the arbitral award has been made prior to the entry into force of the New Arbitration Act, approved by Law no. 63/2011, of 14 December.
2. If the foreign arbitral award was rendered in a State party to the New York Convention of June 10, 1958, the recognition of that award may only be refused under the conditions set forth in Art. V of that Convention.