Skip to content

Lisbon Court of Appeal | Insurance Contract | Extension of the Arbitration Clause to the Beneficiary of the Insurance | Autonomy of the Arbitration Agreement| Case #111

Case nr. 6036/17.5T8LSB.L1-


I- Insurance contracts are assumed to be contracts in favour of a third party, in which the policyholder acts on behalf of a determined or indeterminate insured person;

II- In such cases, the insured person is not a party to the contract, but is a third-party beneficiary. The means of defence arising from the insurance contract are enforceable against the insured, but not those arising from other relationships between the policyholder and the insurer;

III- When in such an insurance contract on behalf of a third party, an arbitration clause is inserted, it is separable from the insurance contract, and it is treated as a separate legal matter;

IV- For this reason, the arbitration agreement contained therein is valid only between the parties to the insurance contract and does not bind the insured (third party beneficiary), unless the latter expressly or tacitly agrees to it.

Summary and headlines kindly prepared by Avani Agarwal (final year law student at NALSAR University of Law, Hyderabad, India; Avani Agarwal may be contacted by email:

Reach Avani Agarwal on Linkedin and Facebook

Leave a Reply

Your email address will not be published. Required fields are marked *