Objection to the State Court’s Jurisdiction | Assignment of Credits | Extension of the Arbitration Clause
Guimarães Court of Appeal
Case No. 5452/24.0T8GMR.G1
Date: 6 March 2025
Link to DGSI website HERE
Keywords: Objection to the State Court’s Jurisdiction | Assignment of Credits | Extension of the Arbitration Clause
Summary:
- Jurisdiction and Arbitration Agreement – Where court proceedings are initiated before state courts and the objection of lack of jurisdiction due to the existence of an arbitration agreement is raised, the judge may only uphold the objection in cases of manifest nullity, ineffectiveness, or inapplicability of the arbitration agreement.
- Assignment of Credit and Arbitration Clause – Upon an assignment of credit, the arbitration clause remains enforceable against the assignees of the contractual relationship while continuing to bind the original parties, insofar as the substantive rights embodied in its procedural dimension persist between them.
- Scope of Appeal Review – The Court of Appeal may not consider issues not raised before the court of first instance, as appeals serve solely to review the decisions rendered by lower courts and not to address new matters.
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