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Arbitration Agreement

Coimbra Court of Appeal | Arbitration | Application of the rules of the Portuguese Code of Civil Procedure | Case #131

Case nr. 56/21.2YRCBR.C1 08-07-2021 LINK DGSI The rules of the Code of Civil Procedure do not apply even by default to arbitration proceedings subject to the Voluntary Arbitration Law (Law No. 63/2011 of 14 December 2011), save if the parties or the institutional arbitration rules provide otherwise. Notwithstanding, the general principles of the civil procedure,… Read More »Coimbra Court of Appeal | Arbitration | Application of the rules of the Portuguese Code of Civil Procedure | Case #131

Oporto Court of Appeal | Arbitration Agreement | Mediator | Pathological Arbitration Clause | Case #130

Oporto Court of Appeal | Arbitration Agreement | Mediator | Arbitration Clause |   Case #130 Case nr. 26292/19.1T8PRT.P1 25-03-2021 LINK DGSI Summary: I. The arbitration agreement is a result of the mutual intention of the parties to refer to arbitration the resolution of a present dispute (submission agreement) as well as any future disputes arising… Read More »Oporto Court of Appeal | Arbitration Agreement | Mediator | Pathological Arbitration Clause | Case #130

Guimarães Court of Appeal | Kompetenz-Kompetenz | Lack of Jurisdiction | Arbitration Agreement| Case #122

Guimarães Court of Appeal | Kompetenz-Kompetenz | Lack of Jurisdiction | Arbitration Agreement| Case #122Case nr. 149/20.3T8BRG.G114-01-2021LINK DGSI Summary: I. According to Art. 96 of the Portuguese Code of Civil Procedure, the non-compliance with an arbitration agreement entails the absolute lack of jurisdiction of the judicial court sought to solve a dispute covered by that… Read More »Guimarães Court of Appeal | Kompetenz-Kompetenz | Lack of Jurisdiction | Arbitration Agreement| Case #122

Lisbon Court of Appeal | International Maritime Transport| International Arbitration | Arbitration Clause| Case #121

I – Portuguese law does not contain any rule that prevents the resolution of conflicts, arising from a contract for the international carriage of goods by sea, through transnational arbitration, even if this results in the impossibility of submitting such conflicts to the Portuguese state courts. II- An arbitration clause inserted in the front page… Read More »Lisbon Court of Appeal | International Maritime Transport| International Arbitration | Arbitration Clause| Case #121

Lisbon Court of Appeal | Impecuniosity and State Legal Aid | Inoperativeness of the Arbitration Agreement | Case #113

Lisbon Court of Appeal | Impecuniosity and State Legal Aid | Inoperativeness of the Arbitration Agreement | Case #113Case nr. 3504/19.8T8FNC.L1-618-06-2020LINK DGSI Summary: If the petitioner benefits from the State legal aid, for being established his lack of financial means, he may set aside the effectiveness of the arbitration clause and may resort to state… Read More »Lisbon Court of Appeal | Impecuniosity and State Legal Aid | Inoperativeness of the Arbitration Agreement | Case #113

Lisbon Court of Appeal | Insurance Contract | Extension of the Arbitration Clause to the Beneficiary of the Insurance | Autonomy of the Arbitration Agreement| Case #111

Case nr. 6036/17.5T8LSB.L1-05-05-2020LINK DGSI Summary: I- Insurance contracts are assumed to be contracts in favour of a third party, in which the policyholder acts on behalf of a determined or indeterminate insured person; II- In such cases, the insured person is not a party to the contract, but is a third-party beneficiary. The means of… Read More »Lisbon Court of Appeal | Insurance Contract | Extension of the Arbitration Clause to the Beneficiary of the Insurance | Autonomy of the Arbitration Agreement| Case #111

Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109

Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109Case nr. 415/18.8T8SNT.L1-205-03-2020LINK DGSI Headline: In a case where the formal validity of the arbitration agreement or its application to the actual dispute between the parties is not at stake, it is only when… Read More »Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109

Lisbon Appeal Court | Time Limit to Seek Annulment | Annulment of Arbitral Awards | Vexatious Litigation | Litigate in Bad Faith | Limitation Period | Bad Faith’s Litigation | IBA Guidelines | Independence and Impartiality | Case #107

Lisbon Appeal Court | Time Limit to Seek Annulment | Annulment of Arbitral Awards | Vexatious Litigation | Litigate in Bad Faith | Limitation Period | Bad Faith’s Litigation | IBA Guidelines | Independence and Impartiality | Case #107Case nr. 661/18.4YRLSB-223-01-2020LINK DGSI Headline: The period for the annulment of an arbitration action is a procedural… Read More »Lisbon Appeal Court | Time Limit to Seek Annulment | Annulment of Arbitral Awards | Vexatious Litigation | Litigate in Bad Faith | Limitation Period | Bad Faith’s Litigation | IBA Guidelines | Independence and Impartiality | Case #107

Lisbon Court of Appeal | Kompetenz-Kompetenz | 13-09-2018 | Case #106

Lisbon Court of Appeal | Disregard of the Arbitration Clause| 13-09-2018 | Case #106Case nr. 2741/16.1T8PTM.L1-213-09-2018LINK DGSI Headline: The law attributes to the arbitral tribunal the competence, in the first place, to assess its competence to resolve a conflict. That is, confronted, on a timely basis by the defendant, with the invocation of an arbitration… Read More »Lisbon Court of Appeal | Kompetenz-Kompetenz | 13-09-2018 | Case #106

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