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International Public Policy

Supreme Court of Justice |Penalty Clause | International Public Policy of the Portuguese State | Case #116

Supreme Court of Justice |Penalty Clause | International Public Policy of the Portuguese State | Case #116Case nr. 2004/08.6TVLSB.L2.S110-11-2020LINK DGSI Summary: I. Having determined that the stipulation of the parties is a penalty clause of a reparatory and coercive nature and upheld that the payment of the amount established therein, corresponding to 15.6% of the… Read More »Supreme Court of Justice |Penalty Clause | International Public Policy of the Portuguese State | Case #116

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 | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99

Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99 Case nr. 1667/18.9YRLSB-B.L1-2 25-03-2019 and 10-10-2019 LINKS DGSI HERE and HERE Headline: The stay of a recognition procedure should be granted without the payment of a security when the factual background of the case… Read More »Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99

Supreme Court of Justice (Portugal) | International Public Policy | Good Will Compensation | Distribution Agreement | 23-10-2014 | Case #058

Supreme Court of Justice Date: 23-10-2014 Case Nr. 1036/12.4YRLSB.S1 LINK DGSI Headline: International public policy of the Portuguese State is a vague, fluid and imprecise concept, but it can be defined as an amalgamation of basic values and dominant concepts of social, ethical, political and economic principles and rules that the decision-maker must, in each… Read More »Supreme Court of Justice (Portugal) | International Public Policy | Good Will Compensation | Distribution Agreement | 23-10-2014 | Case #058

Supreme Court of Justice (Portugal) | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 14-03-2013 | Case #0031

Supreme Court of Justice Date: 14-03-2013 Case Nr. 7328/10.0TBOER.L1.S1 LINK (external) RELATED CASE – Lisbon Court of Appeal | 12-07-2012| Case #030 Headlines: The recognition and enforcement of a foreign arbitral award may only be refused if it is manifestly contrary to the principles of international public policy of Portugal. If the agreement was freely… Read More »Supreme Court of Justice (Portugal) | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 14-03-2013 | Case #0031

Lisbon Court of Appeal | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 12-07-2012 | Case #0030

Lisbon Court of Appeal Date: 12-07-2012 Case Nr. 7328/10.0TBOER.L1-1 LINK DGSI Related CASE: Supreme Court of Justice | 14-03-2013 | Case #031 Headline: Evidences of the circumstances set forth in Art. V(1) of the NYC shall be introduced within 10 days after the respondent has been summoned. Liquidated damages clauses are not contrary to the… Read More »Lisbon Court of Appeal | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 12-07-2012 | Case #0030

Supreme Court of Justice (Portugal) | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 14-03-2017 | Case #012

Supreme Court of Justice Date: 14-03-2017 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award enforcing a penal clause of such high magnitude that it impairs the personal and economic freedoms of a party is incompatible with the international public order of Portugal, and is therefore unenforceable. Summary: The fact that the New York Convention… Read More »Supreme Court of Justice (Portugal) | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 14-03-2017 | Case #012

Lisbon Court of Appeal | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 02-06-2016 | Case #0011

Lisbon Court of Appeal Date: 02-06-2016 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award that imposes a disproportionate and excessive penalty on a party is manifestly inconsistent with the international public order of Portugal, and is therefore unenforceable by a  Portuguese court. Summary: Prior to enforcement of the award, the court must satisfy itself… Read More »Lisbon Court of Appeal | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 02-06-2016 | Case #0011