Lisbon Court of Appeal
Date: 29-04-2014
Case Nr. 1337/13.4YRLSB-7 LINK DGSI
Headline:
The arbitrators’ fees shall be calculated in accordance with the complexity of the case and the stage where the proceedings are terminated.
Summary:
In the context of an arbitral proceeding not contested by the defendant, the proceedings shall proceed, after the case management conference, to take evidence in order to determine the precise scope of the measures to be granted, in particular the penalty to be imposed on the defendant and the bar on the assignment of the rights in question.
2. In such a case, the fees of the arbitrators shall be set at a higher value than what they would be if the proceedings were not to proceed. Notwithstanding, the amount of the arbitrators’ fees may not be higher than those that would be due if the arbitration proceedings were contested by the defendant.
3. In such cases, the fees shall be fixed in equity and according to the complexity of the case.
