Guide Arbitration

Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

by Guide Arbitration
August 10, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Lisbon Court of Appeal, Portuguese Arbitration, Public Policy, Scope of jurisdiction, Standard Form Contracts, Swaps, Swaps Arbitration

Lisbon Court of Appeal Date: 05-11-2015 Case Nr. 2672-14.0T8LSB.L1-6 LINK DGSI Headlines: An arbitration clause in a framework agreement is applicable to contracts concluded under it. The failure to raise objections to the court’s jurisdiction on a dispute arising from one contract does not deprive a party of its right to raise such a defence… Read More »Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

Supreme Court of Justice (Portugal) | Ultra Petita| IBA Rules on the Taking of Evidence | 12-07-2018 | Case #0013

by Guide Arbitration
August 9, 2018January 19, 2020
CASE LAW, IBA Rules Taking of Evidence, Lisbon Court of Appeal, Portuguese Arbitration, Ultra Petitum

Lisbon Court of Appeal Date: 12-07-2018 Case Nr. 1254/17.9YRLSB-L1-2 LINK DGSI Headline: An award can be successfully challenged under Art. 46/3 (Arbitration Act) when parties have been treated unequally & that inequality had a decisive effect on the decision. Summary: Similar to other jurisdictions, the production of evidence is not governed by the LAV, but… Read More »Supreme Court of Justice (Portugal) | Ultra Petita| IBA Rules on the Taking of Evidence | 12-07-2018 | Case #0013

Supreme Court of Justice (Portugal) | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 14-03-2017 | Case #012

by Guide Arbitration
August 8, 2018January 19, 2020
Annulment Arbitral Award, CASE LAW, International Public Policy, Liquidated Damages, New York Convention 1958, Portuguese Arbitration, Public Policy, Supreme Court of Justice

Supreme Court of Justice Date: 14-03-2017 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award enforcing a penal clause of such high magnitude that it impairs the personal and economic freedoms of a party is incompatible with the international public order of Portugal, and is therefore unenforceable. Summary: The fact that the New York Convention… Read More »Supreme Court of Justice (Portugal) | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 14-03-2017 | Case #012

Lisbon Court of Appeal | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 02-06-2016 | Case #0011

by Guide Arbitration
August 7, 2018January 19, 2020
Annulment Arbitral Award, CASE LAW, International Public Policy, Liquidated Damages, Lisbon Court of Appeal, New York Convention 1958, Portuguese Arbitration, Public Policy

Lisbon Court of Appeal Date: 02-06-2016 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award that imposes a disproportionate and excessive penalty on a party is manifestly inconsistent with the international public order of Portugal, and is therefore unenforceable by a Portuguese court. Summary: Prior to enforcement of the award, the court must satisfy itself… Read More »Lisbon Court of Appeal | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 02-06-2016 | Case #0011

Supreme Court of Justice (Portugal) | Suspension of the Arbitration Agreement | Restructuring | Impecuniosity | 26-04-2016 | Case #010

by Guide Arbitration
August 6, 2018January 19, 2020
CASE LAW, Impecuniosity, Kompetenz-Kompetenz, Restructuring, Supreme Court of Justice

Supreme Court of Justice Date: 26-04-2016 Case No. 1212/14.5T8LSB.L1.S1 LINK DGSI RELATED CASE: Decision of the Lisbon Court of Appeal HERE Headlines – A restructuring procedure does not entail the suspension of the arbitration agreement or of the arbitration proceedings – Nor does that procedure grant the company under restructure an exemption of court or… Read More »Supreme Court of Justice (Portugal) | Suspension of the Arbitration Agreement | Restructuring | Impecuniosity | 26-04-2016 | Case #010

Porto Court of Appeal | Kompetenz-Kompetenz | Enforceability of Arbitration Agreements by Non-Signatories | Abuse of Rights | 08-03-2016 | Case #009

by Guide Arbitration
August 5, 2018January 19, 2020
CASE LAW, Extension Arbitration Agreement, Kompetenz-Kompetenz, Porto Court of Appeal, Portuguese Arbitration

Porto Court of Appeal Date: 08-03-2016 Case Nr. 2164/14.7TBSTS.P1 LINK DGSI Headline: State courts must confine themselves to questions of non-existence, nullity or inoperability of the arbitration clause. Non-signatories may be joint to arbitration, and can even claim to be joint in certain instances that were delineated by the Court. Summary: Art. 5(1) and 18(1)… Read More »Porto Court of Appeal | Kompetenz-Kompetenz | Enforceability of Arbitration Agreements by Non-Signatories | Abuse of Rights | 08-03-2016 | Case #009

Porto Court of Appeal | Jurisdiction of Sports Arbitration Court | 27-06-2018 | Case #008

by Guide Arbitration
August 4, 2018January 19, 2020
CASE LAW, Court of Arbitration for Sports, Porto Court of Appeal, Portuguese Arbitration, Scope of jurisdiction

Porto Court of Appeal Date: 27-06-2018 Case Nr. 64161/17.9YIPRT.P1 LINK DGSI This case summary was kindly prepared by Rishabh Raheja, (rishabharaheja@gmail.com, NALSAR University of Law), Sameer Thakur (sameerthakur@live.in, NALSAR University of Law), and Abhishek Babbar (abhishekbabbar1996@gmail) Headlines: The Sports Arbitration Court (TAD) does not have the jurisdiction to decide on purely private matters that contain… Read More »Porto Court of Appeal | Jurisdiction of Sports Arbitration Court | 27-06-2018 | Case #008

Lisbon Court of Appeal | Kompetenz-Kompetenz | Financial Distress of one of the Parties does not render the Arbitration Clause Inoperative | 22-09-2015 | Case #007

by Guide Arbitration
August 3, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Impecuniosity, Lisbon Court of Appeal, Portuguese Arbitration, Restructuring, Standard Form Contracts, Swaps, Swaps Arbitration

Lisbon Court of Appeal Date: 22-09-2015 Case Nr. 1212/14.5T8LSB.L1-7 LINK DGSI Related CASE: Decision of the Supreme Court of Justice of 26-04-2016 HERE Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. The circumstance that the petitioner is under a restructure procedure does necessary mean… Read More »Lisbon Court of Appeal | Kompetenz-Kompetenz | Financial Distress of one of the Parties does not render the Arbitration Clause Inoperative | 22-09-2015 | Case #007

Supreme Court of Justice (Portugal) | Replacement of Arbitrator and Impact on the Proceedings | 15-02-2017 | Case #006

by Guide Arbitration
August 2, 2018January 19, 2020
CASE LAW, Portuguese Arbitration, Replacement of Arbitrators, Supreme Court of Justice

Supreme Court of Justice Date: 15-02-2017 Case Nr. 831/15.7YRLSB.S1 LINK DGSI Headlines: When an arbitrator is replaced, the arbitral tribunal shall take the procedural steps that it deems necessary, and it can decide for the repetition of acts and later issue the award that can be subject to appeal to the competent Court of Appeal.… Read More »Supreme Court of Justice (Portugal) | Replacement of Arbitrator and Impact on the Proceedings | 15-02-2017 | Case #006

Supreme Court of Justice (Portugal)| Swaps & Public Policy | 29-01-2015 | Case #005

by Guide Arbitration
August 1, 2018January 27, 2020
CASE LAW, Public Policy, Supreme Court of Justice, Swaps, Swaps Arbitration

Supreme Court of Justice Date: 29-01-2015 Case Nr. 531/11.7TVLSB.L1.S1 LINK DGSI Headlines – A swap (interest rate swap) contract must be considered as a mere speculation with no actual and serious connection to an underlying relationship, making it contrary to the fundamental principles of our community, unfit to perform any serious function, and therefore contrary… Read More »Supreme Court of Justice (Portugal)| Swaps & Public Policy | 29-01-2015 | Case #005

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