Lisbon Court of Appeal | Case #97
Case nr. 1123/19.8YRLSB-L1-2
26-09-2019
LINK DGSI
Headline:
The judicial procedure aimed at reducing the remuneration and expenses of the arbitral trribunal is urgent and, therefore, a suspension of the procedure should not be allowed. The remuneration of the arbitrators shall take into account the complexity of the issues, the value of the case and the time spent (and to be spent) until its conclusion, without prejudice to the consideration of other factors.
Summary:
I. It follows from paragraph 3 of article 60 of the Portuguese Arbitration Law that the judicial procedure aimed at reducing the amount of fees and expenses of the arbitral tribunal is urgent and by nature requires a swift decision. Therefore, this judicial procedure may not be suspended, which would be against the urgent nature of this procedure.
II. Unless otherwise agreed, in the assessment of the request for reduction of the amount of fees the judge must take into account the complexity of the issues, the value of the case and the time spent (and to be spent) until its conclusion, without prejudice to the consideration of other factors.
III. In the case under scrutiny, the economic interests underlying the proceedings are of high value. On the other hand, notwithstanding the particulars of the case and the specific characteristics of this type of proceeding (it would be in principle a laborious case involving specialised and complex matters), it does seem that it will require a significant amount of time of study, discussion and decision. In any event, the arbitrators must be remunerated taking into account their relevant professional qualifications and the degree of specialization that the matter requires.