Lisbon Court of Appeal | International Maritime Transport| International Arbitration | Arbitration Clause| Case #121
Case nr. 175/17.0TNLSB.L1-7
15-12-2020
LINK DGSI
Summary:
I – Portuguese law does not contain any rule that prevents the resolution of conflicts, arising from a contract for the international carriage of goods by sea, through transnational arbitration, even if this results in the impossibility of submitting such conflicts to the Portuguese state courts.
II- An arbitration clause inserted in the front page of a bill of lading is valid.
III. The acceptance of such a clause by the bank identified on the bill of lading as the “consignor” may take place by the bank’s endorsement of the bill to the addressee (identified on the same bill as “party to be notified”).
IV- The acceptance of the same clause by the consignee may result from its actions of paying for the goods and subsequently taking them at the port of destination.