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Guide Arbitration

Supreme Court of Justice | Group of Companies| Arbitration Agreement | Tacit Consent to Arbitrate | Case #104

Supreme Court of Justice | Group of Companies| Arbitration Agreement | Tacit Consent to Arbitrate | Case #104Case nr. 28/14.3TBOHP.C1.S115-01-2019LINK DGSI Headline: The parties’ agreement to submit the resolution of one or more determined or determinable disputes to arbitration constitutes an arbitration agreement. Voluntary arbitration is therefore based on the arbitration agreement. In addition, the… Read More »Supreme Court of Justice | Group of Companies| Arbitration Agreement | Tacit Consent to Arbitrate | Case #104

Lisbon Appeal Court | Recognition of Foreign Arbitral Awards | Arbitral | 11-12-2018 | Case #103

Lisbon Appeal Court | Recognition of Foreign Arbitral Awards |Case nr. 2004/08.6TVLSB.L2-711-12-2018LINK DGSI Headline: The court of appeal should not be aware of issues that have not been raised in the court whose decision is under appeal and that, for this reason, the lower court did not, and did not have to, analyze unless they… Read More »Lisbon Appeal Court | Recognition of Foreign Arbitral Awards | Arbitral | 11-12-2018 | Case #103

(Portugal) Supreme Court of Justice | Disregard of the arbitration clause | Appeal before the Supreme Court of Justice| Case #102

Disregard of the arbitration clause | Appeal before the Supreme Court of Justice|Case nr. 22574/16.4TB8LSB.L1.S108-11-2018LINK DGSI Summary: I- The existence of an arbitral tribunal established by virtue of an arbitration clause is a determining factor in the absolute lack of jurisdiction of the court, pursuant to Article 96(b) of the Code of Civil Procedure. II-… Read More »(Portugal) Supreme Court of Justice | Disregard of the arbitration clause | Appeal before the Supreme Court of Justice| Case #102

Central Administrative Court | Jurisdiction of Tax Arbitral Tribunals| 27-09-2018 | Case #101

Central Administrative Court | Jurisdiction of Tax Arbitral Tribunals| 27-09-2018 | Case #101Case nr. 9933/16.1BCLSB27-09-2018LINK DGSI Headline: According to the tax arbitration regime, the following claims are covered by the jurisdiction of arbitral tribunals: (a) the declaration of illegality of tax settlements, self-assessments, withholding of tax and payments on account; (b) the declaration of illegality… Read More »Central Administrative Court | Jurisdiction of Tax Arbitral Tribunals| 27-09-2018 | Case #101

Lisbon Court of Appeal | Arbitral Award | Principle of Exhaustion of Jurisdictional Power | Compulsory Pecuniary Penalties | Case #100

Lisbon Court of Appeal | Arbitral Award | Principle of Exhaustion of Jurisdictional Power | Compulsory Pecuniary Penalties | 09-01-2020 | Case #100Case nr. 2970.19.6YRSB-609-01-2020 LINK DGSI Headline: The termination of the arbitrator’s jurisdictional powers, subsequent to a final decision, produces the effects of binding the tribunal to such decision and prevents it from modifying or… Read More »Lisbon Court of Appeal | Arbitral Award | Principle of Exhaustion of Jurisdictional Power | Compulsory Pecuniary Penalties | Case #100

Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99

Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99 Case nr. 1667/18.9YRLSB-B.L1-2 25-03-2019 and 10-10-2019 LINKS DGSI HERE and HERE Headline: The stay of a recognition procedure should be granted without the payment of a security when the factual background of the case… Read More »Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99

The New Arbitration Portugal Portal is out now!

The Online Guide to Portuguese Arbitration Promoting Portugal as a safe venue for International Arbitration   The old website “arbitration.pt” has just been replaced by an entirely new “Arbitration Portugal” website. The new website is completely redesigned and it is lodged in a new platform that allows better communication and interaction with users. Keep updated… Read More »The New Arbitration Portugal Portal is out now!

Supreme Court of Justice | Interpretation of the Arbitration Agreement | Kompetenz-Kompetenz | Inoperativeness of the Arbitration Clause | Lack of Financial Means| Case #98

Case nr. 8927/18.7T8LSB-A.L1.S1 12-11-2019 LINK DGSI Headline: An arbitration agreement is interpreted according to the rules that apply to the interpretation of contracts. The arbitral tribunal is competent to decide upon its own competence. The impecuniosity of a party may be grounds to refuse the enforcement of an arbitration agreement if that impecuniosity is not… Read More »Supreme Court of Justice | Interpretation of the Arbitration Agreement | Kompetenz-Kompetenz | Inoperativeness of the Arbitration Clause | Lack of Financial Means| Case #98

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

Lisbon Court of Appeal | Arbitrators Fees | Urgent Procedure | Complexity of the case| Case #97

Lisbon Court of Appeal | Case #97 Case nr. 1123/19.8YRLSB-L1-2 26-09-2019 LINK DGSI Headline: The judicial procedure aimed at reducing the remuneration and expenses of the arbitral trribunal is urgent and, therefore, a suspension of the procedure should not be allowed. The remuneration of the arbitrators shall take into account the complexity of the issues,… Read More »Lisbon Court of Appeal | Arbitrators Fees | Urgent Procedure | Complexity of the case| Case #97