Guimarães Court of Appeal | Annulment of an Arbitral Award | Ultra petitum | Case #122
Case nr. 122/20.1YRGMR
21-01-2021
LINK DGSI
Summary:
I. In a special lawsuit for the annulment of an arbitral award, the state court only has the jurisdiction to grant or refuse the annulment of the award on the basis of the grounds set forth in art. 46, no. 3 of the LAV, and cannot review the merits of the case.
II. In cases where the arbitral award is only partially null, such as when the tribunal exceeds its mandate, provides an “ultra petitum” decision, or decides upon an issue that is not included in the request, and the severance of such part does not affect the remainder of the award, it is only necessary for the award to be declared null and void in respect of the vitiated part.
Summary kindly prepared by Avani Agarwal (final year law student at NALSAR University of Law, Hyderabad, India; Avani Agarwal may be contacted by email: avaniagarwal28@gmail.com