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Impecuniosity

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 | 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

Supreme Court of Justice | Interpretation of the Arbitration Agreement | Kompetenz-Kompetenz | Inoperativeness of the Arbitration Clause | Lack of Financial Means| Case #98

Case nr. 8927/18.7T8LSB-A.L1.S1 12-11-2019 LINK DGSI Headline: An arbitration agreement is interpreted according to the rules that apply to the interpretation of contracts. The arbitral tribunal is competent to decide upon its own competence. The impecuniosity of a party may be grounds to refuse the enforcement of an arbitration agreement if that impecuniosity is not… Read More »Supreme Court of Justice | Interpretation of the Arbitration Agreement | Kompetenz-Kompetenz | Inoperativeness of the Arbitration Clause | Lack of Financial Means| Case #98

Guimarães Court of Appeal | Supervening Impecuniosity | Ineffectiveness of the Arbitration Agreement | 21-02-2019 | Case #088

Guimarães Court of Appeal   Date: 21-02-2019 Case Nr. 317/18.8T8PRT.G1 LINK DGSI Headline: The supervening economic impossibility of the signatories of an arbitration agreement (preventing them from bearing the inevitable costs of such dispute resolution mechanism), may constitute a manifest ineffectiveness of such arbitration agreement. Accordingly, the state court is competent to decide the question… Read More »Guimarães Court of Appeal | Supervening Impecuniosity | Ineffectiveness of the Arbitration Agreement | 21-02-2019 | Case #088

Lisbon Court of Appeal | Arbitration in Standard Form Contracts | 24-02-2015 | Case #068

Lisbon Court of Appeal Date: 24-02-2015 Case Nr. 2186.13.5TVLSB.L1-7 LINK DGSI Headlines: An arbitration agreement included in a standard form contract (such as a swap agreement) produces a negative effect upon the jurisdiction of the state court to hear a dispute brought in relation to it, even if the petitioner has claimed for its invalidity… Read More »Lisbon Court of Appeal | Arbitration in Standard Form Contracts | 24-02-2015 | Case #068

Guimarães Court of Appeal | Kompetenz-Kompetenz | Impecuniosity & Enforceability of the Arbitration Agreement | 25-09-2014 | Case #017

Guimarães Court of Appeal | Kompetenz-Kompetenz | Impecuniosity & Enforceability of the Arbitration Agreement | 25-09-2014 Date: 25-09-2014 Case No. 403/13.0TCGMR.G1 LINK DGSI Headlines – The arbitral tribunal is competent to decide on its own competence and the state court can only assess the validity, applicability and enforceability of the arbitration agreement where there are… Read More »Guimarães Court of Appeal | Kompetenz-Kompetenz | Impecuniosity & Enforceability of the Arbitration Agreement | 25-09-2014 | Case #017

Supreme Court of Justice (Portugal) | Suspension of the Arbitration Agreement | Restructuring | Impecuniosity | 26-04-2016 | Case #010

Supreme Court of Justice Date: 26-04-2016 Case No. 1212/14.5T8LSB.L1.S1 LINK DGSI RELATED CASE: Decision of the Lisbon Court of Appeal HERE Headlines – A restructuring procedure does not entail the suspension of the arbitration agreement or of the arbitration proceedings – Nor does that procedure grant the company under restructure an exemption of court or… Read More »Supreme Court of Justice (Portugal) | Suspension of the Arbitration Agreement | Restructuring | Impecuniosity | 26-04-2016 | Case #010

Lisbon Court of Appeal | Kompetenz-Kompetenz | Financial Distress of one of the Parties does not render the Arbitration Clause Inoperative | 22-09-2015 | Case #007

Lisbon Court of Appeal Date: 22-09-2015 Case Nr. 1212/14.5T8LSB.L1-7 LINK DGSI  Related CASE: Decision of the Supreme Court of Justice of 26-04-2016 HERE Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. The circumstance that the petitioner is under a restructure procedure does necessary mean… Read More »Lisbon Court of Appeal | Kompetenz-Kompetenz | Financial Distress of one of the Parties does not render the Arbitration Clause Inoperative | 22-09-2015 | Case #007