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Guide Arbitration

(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

Supreme Court of Justice Date: 15-01-2019 Case Nr. 28/14.3TBOHP.C1.S1 LINK DGSI   Headline: An arbitration agreement may be extended to non-signatory parties that belng to the same group of companies  Summary: According to Arts. 406, nr. 2 and 217, nr. 1 of the Portuguese Civil Code, the circumstance that one of the petitioners (a company… Read More »(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085 Lisbon Court of Appeal Date: 19-02-2015 Case Nr. 1422/14.5YRLSB.L1-8 LINK DGSI Headlines: In arbitral proceedings, compliance with the due process principles must always be guaranteed. However, the tribunal may decide immediately on certain submitted requests without necessarily hearing the parties,… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83 Date: 27/11/2018 Case Nr. 1030/12.5TVLSB.L1.S1.S2 Link DGSI HERE Headline It is up to the arbitral tribunal to decide on its own competence even when a previous decision has been challenged via appeal lodged before the… Read More »(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Waiver of the right to challenge the lack of competence | 04-12-2018 | Case #84

(Portugal) Supreme Court of Justice Case Nr. 598/17.4YRLSB S1 Date: 04/12/2018 Link DGSI HERE Headlines The arbitral tribunal has competence to decide on its own competence, and the appointment of an arbitrator by a party does not deprive it of later challenge the competence of the arbitral tribunal. Summary: The appellate decision that, in an… Read More »(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Waiver of the right to challenge the lack of competence | 04-12-2018 | Case #84

Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082

Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082 Date: 15-11-2018 Case Nr. 156/18.6YRGMR LINK DGSI Headline: The defects that can justify the action for annulment of the arbitral award are procedural defects equivalent to procedural violations – procedural violations or specific procedures of arbitration proceedings. The… Read More »Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082

Why Arbitrate in Portugal? Reason 8 – Internationally Oriented Community

International Arbitration & Portugal Internationally Oriented Community International arbitration in Portugal has taken off in recent years, and as previous posts have discussed, there are a wide variety of compelling reasons why this has been the case. Past posts have touched upon some aspects of how Portugal is internationally oriented in terms of the longstanding… Read More »Why Arbitrate in Portugal? Reason 8 – Internationally Oriented Community

Why Arbitrate in Portugal? Reason 7 – Supportive Courts

International Arbitration & Portugal Supportive State Courts In addition to the several previously mentioned advantages in regards to selecting Portugal as an all-encompassing jurisdiction for the resolution of international arbitration disputes, it is worthwhile mentioning the adaptive and supportive Portuguese state courts. As touched upon in previous posts, Portugal shares historic and legal roots with… Read More »Why Arbitrate in Portugal? Reason 7 – Supportive Courts

Why Arbitrate in Portugal? Reason 6 – A Robust Legal System

International Arbitration & Portuguese Law A robust legal system When selecting a jurisdiction for international arbitration, as noted in previous posts, there are several important factors to consider, among them, is the legal system of the country chosen. Portugal has recently implemented some changes to its legal system, including to international arbitration laws, which make… Read More »Why Arbitrate in Portugal? Reason 6 – A Robust Legal System

Why Arbitrate in Portugal? Reason 5 – Modern Country, Modern Facilities

Portugal & International Arbitration Recently modernized infrastructures and facilities Portugal is a developed country with many modern infrastructures and facilities. In recent times, Portugal has been considered a spearhead in terms of new technologies and IT solutions. This is especially relevant in terms of the fact that many of these new technologies have also been… Read More »Why Arbitrate in Portugal? Reason 5 – Modern Country, Modern Facilities