Extension Arbitration Agreement

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

by Guide Arbitration
January 27, 2021February 8, 2021
Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Enforceability Arbitration Agreement, Extension Arbitration Agreement, Lisbon Court of Appeal, Maritime arbitration, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

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 | 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

Supreme Court of Justice | Group of Companies| Arbitration Agreement | Tacit Consent to Arbitrate | Case #104

by Guide Arbitration
May 22, 2020May 23, 2020
Arbitration Agreement, CASE LAW, Extension Arbitration Agreement, Group of Companies Doctrine, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts, Supreme Court of Justice, Tacit Consent to Arbitrate

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

(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

by Guide Arbitration
February 2, 2019January 19, 2020
Arbitration Agreement, CASE LAW, Extension Arbitration Agreement, Group of Companies Doctrine, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 15-01-2019 Case Nr. 28/14.3TBOHP.C1.S1 LINK DGSI Headline: An arbitration agreement may be extended to non-signatory parties that belng to the same group of companies Summary: According to Arts. 406, nr. 2 and 217, nr. 1 of the Portuguese Civil Code, the circumstance that one of the petitioners (a company… Read More »(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

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

by Guide Arbitration
October 9, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Extension Arbitration Agreement, Group of Companies Doctrine, Kompetenz-Kompetenz, Lisbon Court of Appeal, Portuguese Arbitration

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 that agreement. The arbitral tribunal shall be competent to interpret the arbitration clause in order to… Read More »Lisbon Court of Appeal | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | Kompentenz-Kompetenz | 11-01-2011 | Case #078

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

by Guide Arbitration
October 8, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Extension Arbitration Agreement, Goodwill compensation, Group of Companies Doctrine, Portuguese Arbitration, Supreme Court of Justice

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 principle, an arbitration agreement contained in a contract only binds the contracting parties. 2. However, and in… Read More »Supreme Court of Justice (Portugal) | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | 08-09-2011 | Case #077

Porto Court of Appeal | Kompetenz-Kompetenz | Enforceability of Arbitration Agreements by Non-Signatories | Abuse of Rights | 08-03-2016 | Case #009

by Guide Arbitration
August 5, 2018January 19, 2020
CASE LAW, Extension Arbitration Agreement, Kompetenz-Kompetenz, Porto Court of Appeal, Portuguese Arbitration

Porto Court of Appeal Date: 08-03-2016 Case Nr. 2164/14.7TBSTS.P1 LINK DGSI Headline: State courts must confine themselves to questions of non-existence, nullity or inoperability of the arbitration clause. Non-signatories may be joint to arbitration, and can even claim to be joint in certain instances that were delineated by the Court. Summary: Art. 5(1) and 18(1)… Read More »Porto Court of Appeal | Kompetenz-Kompetenz | Enforceability of Arbitration Agreements by Non-Signatories | Abuse of Rights | 08-03-2016 | Case #009