Case Law – Page 8 – ARBITRATION PORTUGAL

November 13, 2018April 11, 2026

(Portugal) Supreme Court of Justice | Enforcement of the Arbitral Award | Res Judicata | Annulment of the Arbitral Award | 04-10-2018 | Case #080

Supreme Court of Justice
Date: 04-10-2018
Case Nr. 10758/01.4TVLSB-A.L1.S1
LINK DGSI

Headline:

The Old Arbitration Law (1986) will apply to enforcement procedures initiated before the New Arbitration Law came into force.

The Old Arbitration Law provided for the following mechanisms

November 13, 2018April 11, 2026

(Portugal) Supreme Court of Justice | Annulment of the Award | Lack of Motivation | Liquidated Damages | 27-09-2018 | Case #079

Supreme Court of Justice
Date: 27-09-2018
Case Nr. 776/17.6YRLSB.S1
LINK DGSI

Headline:

In a lawsuit for the annulment of an arbitral award, the appeal against the decision of the Court of Appeals is admissible before the Supreme Court, provided

November 8, 2018April 11, 2026

Why Arbitrate in Portugal? Reason 3 – Legal Background

The Portuguese Legal Background & International Arbitration

Enduring legal ties between Lusophone Countries

The fact that the Portuguese Civil Code and Code of Civil Procedure are still in force in the Lusophone countries of Angola, Mozambique, Cape Verde, São Tomé … Read more

October 25, 2018April 11, 2026

Why Arbitrate in Portugal? Reason 2 – Language

Language & International Arbitration

Portugal – a country with communication skills

The Language background

Language barriers are one of the most prominent cultural concerns when dealing with business matters in a foreign country, and this makes sense because a seemingly

October 18, 2018April 11, 2026

Why Arbitrate in Portugal? Reason 1: Geography

International Arbitration & Portugal’s Geography

An alluring and advantageous jurisdiction

Over the past few years Portugal has been quickly expanding in a number of areas without showing signs of its growth slowing down anytime soon. However, one key area in … Read more

October 12, 2018April 11, 2026

8 Advantages of Arbitrating Disputes in Portugal

A safe harbour for dispute resolution

Arbitration, in and of itself, has a long-standing history, having been practised by the Greeks and Romans, it is to this day still one of the most sought out methods of dispute resolution. In … Read more

October 9, 2018April 11, 2026

Lisbon Court of Appeal | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | Kompentenz-Kompetenz | 11-01-2011 | Case #078

Lisbon Court of Appeal
Date: 11-01-2011
Case Nr. 3539/08.6TVLSB.L1
LINK DGSI

Headline:

The arbitration agreement concluded with a company belonging to the same group of companies only binds the contracting parties, except if a third party later accedes to

October 8, 2018April 11, 2026

Supreme Court of Justice (Portugal) | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | 08-09-2011 | Case #077

Supreme Court of Justice
Date: 08-09-2011
Case Nr. 3539/08.6TVLSB.LL.S1
LINK DGSI

Headline:

In principle, the arbitration agreement binds only the contracting parties but may be enforced against or by an assignee of a contract

Summary:

1. In … Read more

October 7, 2018April 11, 2026

Lisbon Court of Appeal | Agreement to arbitrate by reference | Standard Form Contracts | Kompetenz-Kompetenz | 07-07-2016 | Case #054

Lisbon Court of Appeal
Date: 07-07-2016
Case Nr. 508/14.0TBLNH-A.L1-2
LINK DGSI

Headline:

It will be considered sufficient for the purpose of incorporation if the contract signed by the parties or the correspondence between them contains a reference to a … Read more

October 6, 2018April 11, 2026

Lisbon Court of Appeal | Arbitration’s Costs | Motivation of the arbitral award | 13-02-2014 | Case #041

Lisbon Court of Appeal
Date: 13-02-2014
Case Nr. 1053/13.7YRLSB-2
LINK DGSI

Headline:

It is up to the arbitral tribunal to decide on their fees and other costs of the arbitration. It shall not be annulled a final award

Supreme Court of Justice Date: 04-10-2018 Case Nr. 10758/01.4TVLSB-A.L1.S1 LINK DGSI

Headline:

The Old Arbitration Law (1986) will apply to enforcement procedures initiated before the New Arbitration Law came into force.

The Old Arbitration Law provided for the following mechanisms

Supreme Court of Justice Date: 27-09-2018 Case Nr. 776/17.6YRLSB.S1 LINK DGSI

Headline:

In a lawsuit for the annulment of an arbitral award, the appeal against the decision of the Court of Appeals is admissible before the Supreme Court, provided

Language & International Arbitration

Portugal – a country with communication skills

The Language background

International Arbitration & Portugal’s Geography

An alluring and advantageous jurisdiction

A safe harbour for dispute resolution

Lisbon Court of Appeal Date: 11-01-2011 Case Nr. 3539/08.6TVLSB.L1 LINK DGSI

Headline:

The arbitration agreement concluded with a company belonging to the same group of companies only binds the contracting parties, except if a third party later accedes to

Supreme Court of Justice Date: 08-09-2011 Case Nr. 3539/08.6TVLSB.LL.S1 LINK DGSI

Headline:

In principle, the arbitration agreement binds only the contracting parties but may be enforced against or by an assignee of a contract

Summary:

Lisbon Court of Appeal Date: 07-07-2016 Case Nr. 508/14.0TBLNH-A.L1-2 LINK DGSI

Headline:

Lisbon Court of Appeal Date: 13-02-2014 Case Nr. 1053/13.7YRLSB-2 LINK DGSI

Headline:

It is up to the arbitral tribunal to decide on their fees and other costs of the arbitration. It shall not be annulled a final award

Supreme Court of Justice
Date: 04-10-2018
Case Nr. 10758/01.4TVLSB-A.L1.S1
LINK DGSI

Supreme Court of Justice
Date: 27-09-2018
Case Nr. 776/17.6YRLSB.S1
LINK DGSI

Lisbon Court of Appeal
Date: 11-01-2011
Case Nr. 3539/08.6TVLSB.L1
LINK DGSI

Supreme Court of Justice
Date: 08-09-2011
Case Nr. 3539/08.6TVLSB.LL.S1
LINK DGSI

Lisbon Court of Appeal
Date: 07-07-2016
Case Nr. 508/14.0TBLNH-A.L1-2
LINK DGSI

Lisbon Court of Appeal
Date: 13-02-2014
Case Nr. 1053/13.7YRLSB-2
LINK DGSI