CASE LAW

Supreme Court of Justice (Portugal) | Ex Aequo et Bono | Motivation of the Arbitral Award | 22-09-2016 | Case #003

by Guide Arbitration
July 30, 2018January 28, 2020
Annulment Arbitral Award, CASE LAW, Ex Aequo et Bono, Motivation Arbitral Award, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 22-09-2016 Case Nr. 660/15.8YRLSB.L1.S1 LINK DGSI Headlines: The arbitrators shall not be deemed as deciding a case according to “ex aequo et bono” if they are merely applying a substantive legal rule that calls for the decision to be based on a “equity” criterion. The arbitral award should be considered… Read More »Supreme Court of Justice (Portugal) | Ex Aequo et Bono | Motivation of the Arbitral Award | 22-09-2016 | Case #003

Supreme Court of Justice (Portugal)| Res judicata |04-07-2013 | Case #002

by Guide Arbitration
July 25, 2018January 27, 2020
CASE LAW, Res judicata, Supreme Court of Justice

It is the jurisdiction of the labour courts to know, in civil matters, enforcements based in an award delivered by an arbitral tribunal concerning a dispute arising from the employment relationship.

Supreme Court of Justice (Portugal) | IBA Guidelines Conflicts of Interest |12-07-2011 | Case #001

by Guide Arbitration
July 25, 2018January 27, 2020
CASE LAW, Conflicts of Interest, IBA Guidelines, Supreme Court of Justice

It follows from the constitutional framework that arbitral tribunals are equated to state courts and, once constituted an arbitral tribunal, the essencial characteristics of a state court must be observed, inter alia the impartiality of the decision maker, including those appointed by the parties.

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