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CASE LAW

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

Guimarães Court of Appeal | Annulment of the Arbitral Award| Factual Background of the Arbitral Award | Lack of motivation| International Public Policy of Portugal | Case #112

Guimarães Court of Appeal | Annulment of the Arbitral Award| Factual Background of the Arbitral Award | Lack of motivation| International Public Policy of Portugal | Case #112Case nr. 117/19.8YRGMR28-05-2020LINK DGSI Headline: When deciding a request to annul an arbitral award, the court judge is not allowed to scrutinize the merits of the decision, nor… Read More »Guimarães Court of Appeal | Annulment of the Arbitral Award| Factual Background of the Arbitral Award | Lack of motivation| International Public Policy of Portugal | Case #112

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 | Arbitration in Medicine Patents Disputes | Mandatory Arbitration | Competence of the Arbitral Tribunal to Hear Claim on the Invalidity of the Patent| Case #110

Case nr. 772/19.9YRLSB-607-05-2020LINK DGSI Summary: I- The mandatory arbitral tribunal provided for in Law No. 62/2011 shall have jurisdiction to examine, by way of a limited exception to a peremptory rule, the question of the invalidity of the patent or Supplementary Protection Certificate relating to the medicines, where such invalidity is argued as a defence,… Read More »Lisbon Court of Appeal | Arbitration in Medicine Patents Disputes | Mandatory Arbitration | Competence of the Arbitral Tribunal to Hear Claim on the Invalidity of the Patent| Case #110

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 Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108

Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108Case nr. 1577/18.0YRLSB-111-02-2020LINK DGSI Summary: I- Non-compliance or defective fulfilment of the duty to disclose shall not in itself constitute grounds for disqualification of the arbitrator, and it… Read More »Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108

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

Lisbon Appeal Court | Annulment of Arbitral Awards | Lack of Motivation | 16-05-2019 | Case #105

Case nr. 2470/18.1YRLSB.L1-816-05-2019LINK DGSI Summary:                                                           I- Article 46(3)(a) of the Law on Voluntary Arbitration (LAV) establishes the grounds on which an arbitral award may be annulled by the State Court; II- There is no violation of the right of defense of the Parties, as protected in Article 30(1) of the LAV, in the event that… Read More »Lisbon Appeal Court | Annulment of Arbitral Awards | Lack of Motivation | 16-05-2019 | Case #105

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