Supreme Court of Justice
Case No. 790/23.2YRLSB.S1
Date: 14 November 2024
Link to DGSI website HERE
Keywords: Due Process | Time Limits to Issue the Award | Supplementary Application of CPC
Summary:
I. Since the Code of Civil Procedure (CPC) is not automatically applicable on a supplementary basis to voluntary arbitration (cf. Article 30(3) of the Portuguese Voluntary Arbitration Law – “LAV” – approved by Law 63/2011 of 14 December), and taking into account Articles 45 and 46 of the Arbitration Rules of the Commercial Arbitration Centre of Lisbon and Porto (2014 version), the provision of Article 248 of the CPC does not apply to the notification of counsel to comment on the extension of the time limit for issuing the final award (Article 33(1) and (5) of the Arbitration Rules). In such case, counsel is deemed notified at the moment of receipt of the email sent for that purpose.
II. The time limit for concluding the arbitration provided for in Article 33(4) and (5) of the Arbitration Rules, as well as the time limit for the termination of the arbitral proceedings with the issuance of the “final award” referred to in Article 44(1) of the LAV, does not include the subsequent period for correction, clarification, or an “additional award” referred to in Article 45 of the LAV—particularly when the request for clarification of the award made by a party was dismissed, and the final award remained unchanged.
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