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Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement |28-05-2015 | Case #069

Supreme Court of Justice
Date: 28-05-2015
Case Nr. 2040/13.0TVLSB.L1.S1

State courts are not competent to decide the invalidity of the arbitration agreement, unless such invalidity is blatant.

1. Since the defendant invoked an arbitration agreement in a timely manner, only in cases where such agreement is manifestly invalid, inoperative or ineffective may the state court decide that issue.
2. This requirement is not met if the defendant merely invokes the existence of a standard form contract.