Porto Court of Appeal
Case No. 1178/22.8T8OVR-A.P1
Date: 29 June 2023
Link to DGSI website HERE
Keywords: Recognition of Arbitral Awards | Res Judicata
Summary:
I – It follows from Article 980, in conjunction with Article 983(1) of the Code of Civil Procedure (CPC) and Article 56 of the Portuguese Arbitration Law (PAL), that the review of foreign awards is formal in nature, as opposed to a review on the merits.
II – However, the merits of the decision under review must not be confused with the issues raised and examined in the review proceedings, which fall within the scope of the reviewing court’s jurisdiction.
III – As for those issues, the matters raised and examined by the reviewing court within its competence (namely those listed in Article 980 of the CPC and Article 56 of the LAV) are already subject to res judicata and the authority of res judicata.
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