Skip to content

Guide Arbitration

Supreme Court of Justice (Portugal) | Separability of the Arbitration Agreement | 06-04-2017 | Case #053

Supreme Court of Justice Date: 06-04-2017 Case Nr. 416/16.0YRLSB.S1 LINK DGSI Headline: Where an arbitration agreement is an integral part of a contract, and that contract has not received necessary signature, the arbitration agreement is non-existent despite its autonomy.     Summary: Where there is a breach of the rules of substantive jurisdiction, in particular of… Read More »Supreme Court of Justice (Portugal) | Separability of the Arbitration Agreement | 06-04-2017 | Case #053

Lisbon Court of Appeal | Application of the new Arbitration Act ratione temporis | 14-04-2016 | Case #050

Lisbon Court of Appeal Date: 14-04-2016 Case Nr. 2455/13.4YYLSB-A.L1-2 LINK DGSI   Headline: If the LAV of 1986 is in force at the time that the parties submitted the request for arbitration, this will be the law applicable to arbitration proceedings, even if the LAV of 2011 is in force at the time that the… Read More »Lisbon Court of Appeal | Application of the new Arbitration Act ratione temporis | 14-04-2016 | Case #050

Lisbon Court of Appeal | Arbitrators’ Fees | 04-12-2014 | Case #048

Lisbon Court of Appeal Date: 04-12-2014 Case Nr. 1181/14.1YRLSB.L1-6 LINK DGSI Headline: Arbitral tribunals are prevented from fixing fees manifestly disproportionate to the service they provide. Summary: Notwithstanding the economic value of the interests in dispute, the total amount of € 18,000 fixed as fees of the members of the arbitral tribunal is disproportionate in… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 04-12-2014 | Case #048

Lisbon Court of Appeal | Amendments to the Memorials | Amendment of the Relief Sought | Ultra Petita| 27-11-2014 | Case #047

Lisbon Court of Appeal Date: 27-11-2014 Case Nr. 703/14.2YRLSB.L1-2 LINK DGSI Headline: An arbitral tribunal has not exceeded its power when it declares relief pursuant to an amendment to the memorials in the arbitration, as long as there has not been unjustified delay, and both parties have received the opportunity to make submissions on the… Read More »Lisbon Court of Appeal | Amendments to the Memorials | Amendment of the Relief Sought | Ultra Petita| 27-11-2014 | Case #047

Lisbon Court of Appeal | Application of the New Arbitration Act Ratione Temporis | 11-06-2013 | Case #046

Lisbon Court of Appeal Date: 11-06-2013 Case Nr. 955/12.2YRLSB-7 LINK DGSI   Headline: The 2011 LAV cannot apply to arbitration proceedings initiated before its entry into force, unless all the parties to the arbitration expressly or tacitly agree to its application.   Summary: 1. Article 4 (2) of Law No 63/2011, which approves the 2011… Read More »Lisbon Court of Appeal | Application of the New Arbitration Act Ratione Temporis | 11-06-2013 | Case #046

Porto Court of Appeal | Annulment of the arbitral award | Supplementation by the Arbitral Tribunal | 23-06-2015 | Case #052

Porto Court of Appeal Date: 23-06-2015 Case Nr. 9/15.0YRPRT LINK DGSI Headline: The arbitral award may be supplemented by the arbitral tribunal to correct any deficiency that may produce its invalidity. The supplementation can be made while an ongoing annulment procedure is suspended.   Summary: The arbitral award shall be annulled if the circumstances foreseen… Read More »Porto Court of Appeal | Annulment of the arbitral award | Supplementation by the Arbitral Tribunal | 23-06-2015 | Case #052

Porto Court of Appeal | Partial annulment of an arbitral award | Lack of motivation | 04-06-2013 | Case #051

Porto Court of Appeal Date: 04-06-2013 Case Nr. 119/13.8YRPRT LINK DGSI Headline: If the arbitral tribunal failed to deal with all the matters submitted to arbitration, the award shall only be annulled partially, with regard to the part that has not been dealt with.   Summary: According to Art. 42(3) of the Arbitration Act, the… Read More »Porto Court of Appeal | Partial annulment of an arbitral award | Lack of motivation | 04-06-2013 | Case #051

Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049

Lisbon Court of Appeal Date: 15-03-2016 Case Nr. 871/15.6YRLSB-7 LINK DGSI Headline: An arbitral award may only be set aside if extremely exceptional circumstances occur, such as the violation of fundamental principles of due process that may have had an influence in the outcome of the case. An arbitral award is sufficiently motivated if it… Read More »Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 01-02-2018 | Case #023

Lisbon Court of Appeal Date: 01-02-2018 Case Nr. 1320/17.0YRLSB-8 LINK DGSI Headline: The Arbitrator’s prior opinion on a given issue does not in itself imply a lack of independence or impartiality. Summary: The fact that the arbitrator has an opinion about certain issues does not in itself imply lack of impartiality or impartiality. In certain… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 01-02-2018 | Case #023

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 03-10-2017 | Case #022

Lisbon Court of Appeal Date: 03-10-2017 Case Nr. 1177/17.1YRLSB-7 LINK DGSI Headline: In cases where omission to disclose is of substance that is fundamental in nature, this in itself would point towards a lack of independence or impartiality. Where the challenge is based on the fact that certain relevant evidence was not considered by the… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 03-10-2017 | Case #022