Inoperativeness Arbitration Agreement

Guimarães Court of Appeal | Kompetenz-Kompetenz | Lack of Jurisdiction | Arbitration Agreement| Case #122

by Guide Arbitration
February 12, 2021February 12, 2021
Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Guimarães Court of Appeal, Inoperativeness Arbitration Agreement, Kompetenz-Kompetenz, NEWS|EVENTS|POSTS, Posts

Guimarães Court of Appeal | Kompetenz-Kompetenz | Lack of Jurisdiction | Arbitration Agreement| Case #122Case nr. 149/20.3T8BRG.G114-01-2021LINK DGSI Summary: I. According to Art. 96 of the Portuguese Code of Civil Procedure, the non-compliance with an arbitration agreement entails the absolute lack of jurisdiction of the judicial court sought to solve a dispute covered by that… Read More »Guimarães Court of Appeal | Kompetenz-Kompetenz | Lack of Jurisdiction | Arbitration Agreement| Case #122

Lisbon Court of Appeal | Impecuniosity and State Legal Aid | Inoperativeness of the Arbitration Agreement | Case #113

by Guide Arbitration
June 29, 2020June 29, 2020
Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Enforceability Arbitration Agreement, Impecuniosity, Inoperativeness Arbitration Agreement, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Posts

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

by Guide Arbitration
June 1, 2020May 13, 2020
Arbitration Agreement, Arbitration Costs, Blog Post, Blog Posts, CASE LAW, Enforceability Arbitration Agreement, Impecuniosity, Inoperativeness Arbitration Agreement, Judicial Costs, Kompetenz-Kompetenz, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

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

by Guide Arbitration
December 2, 2019January 27, 2020
Arbitration Agreement, CASE LAW, Impecuniosity, Inoperativeness Arbitration Agreement, Interpretation, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice

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