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Due Process

Lisbon Court of Appeal | Annulment of an Arbitral Award | Principle of Equality | Adversarial Principle | Assessment of Evidence | Merits of the case| State Court| Case #115

Lisbon Court of Appeal | Annulment of an Arbitral Award | Principle of Equality | Adversarial Principle | Assessment of Evidence | Merits of the case| State Court| Case #115Case nr. 1609/20.1YRLSB-619-11-2020LINK DGSI Headline: Article 39(4) of the Voluntary Arbitration Law states that “The award on the merits of the dispute, or which terminates the… Read More »Lisbon Court of Appeal | Annulment of an Arbitral Award | Principle of Equality | Adversarial Principle | Assessment of Evidence | Merits of the case| State Court| Case #115

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 | 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 | 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

Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | 21-06-2018 | Case #067

Lisbon Court of Appeal Date: 21-06-2018 Case Nr. 2384/17.2YRLSB.L1-8 LINK DGSI Headline: In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is admitted to contest the claim by raising an objection grounded in the invalidity of the patent in dispute.   Summary: In a mandatory arbitration initiated according… Read More »Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | 21-06-2018 | Case #067

Supreme Court of Justice (Portugal) | Application of the Code of Civil Procedure to Arbitral Proceedings | Due Process | 10-12-2015 | Case #042

Supreme Court of Justice Date: 10-12-2015 Case Nr. 3486/12.7TBLRA.C1.S1 LINK DGSI Headline: Arbitrators may dispense with the requirement of taking personal testimony from both parties.   Summary: The arbitrator, as a well-informed and impartial judge, has to decide the question that the parties ask of him by relying on the best interpretation of the law… Read More »Supreme Court of Justice (Portugal) | Application of the Code of Civil Procedure to Arbitral Proceedings | Due Process | 10-12-2015 | Case #042

Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049

Lisbon Court of Appeal Date: 15-03-2016 Case Nr. 871/15.6YRLSB-7 LINK DGSI Headline: An arbitral award may only be set aside if extremely exceptional circumstances occur, such as the violation of fundamental principles of due process that may have had an influence in the outcome of the case. An arbitral award is sufficiently motivated if it… Read More »Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049