Kompetenz-Kompetenz

Lisbon Court of Appeal | Agreement to arbitrate by reference | Standard Form Contracts | Kompetenz-Kompetenz | 07-07-2016 | Case #054

by Guide Arbitration
October 7, 2018January 19, 2020
Arbitration Agreement, Arbitration Standard Form Contracts, CASE LAW, Kompetenz-Kompetenz, Lisbon Court of Appeal

Lisbon Court of Appeal Date: 07-07-2016 Case Nr. 508/14.0TBLNH-A.L1-2 LINK DGSI Headline: It will be considered sufficient for the purpose of incorporation if the contract signed by the parties or the correspondence between them contains a reference to a document containing the arbitration agreement. The “competence-competence” principle applies with one exception arising from the application… Read More »Lisbon Court of Appeal | Agreement to arbitrate by reference | Standard Form Contracts | Kompetenz-Kompetenz | 07-07-2016 | Case #054

Supreme Court of Justice (Portugal) | State Courts are not Competent to Decide the Validity of an Arbitration Agreement | 09-07-2015 | Case #075

by Guide Arbitration
October 5, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Standard Form Contracts, Supreme Court of Justice

Supreme Court of Justice Date: 09-07-2015 Case Nr. 1770/13.1TVLSB.L1.S1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. The interpretation of any arbitration agreement, such as an arbitration clause, relating to possible and future disputes arising from a specific contractual relationship,… Read More »Supreme Court of Justice (Portugal) | State Courts are not Competent to Decide the Validity of an Arbitration Agreement | 09-07-2015 | Case #075

Guimarães Court of Appeal | Competence of the Judicial Court to Decide the Validity of the Arbitration Agreement | 08-03-2012 | Case #074

by Guide Arbitration
October 4, 2018January 19, 2020
CASE LAW, Guimarães Court of Appeal, Kompetenz-Kompetenz, Swaps, Swaps Arbitration

Guimarães Court of Appeal Date: 08.03.2012 Case Nr. 1387/11.5TBBCL-B.G1 LINK DGSI Headlines: The state court is competent to decide the validity of the arbitration agreement if that validity is the subject matter of the dispute brought to the court. Summary: 1. In order to determine the nature of the subject matter at issue, it is… Read More »Guimarães Court of Appeal | Competence of the Judicial Court to Decide the Validity of the Arbitration Agreement | 08-03-2012 | Case #074

Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement | 02-06-2015 | Case #073

by Guide Arbitration
October 3, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Standard Form Contracts, Supreme Court of Justice, Swaps, Swaps Arbitration

Supreme Court of Justice Date: 02-06-2015 Case Nr. 1279/14.6TVLSB.S1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. Given that the parties have agreed on arbitration to solve any dispute arising out of the contract they have entered into, and the… Read More »Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement | 02-06-2015 | Case #073

Porto Court of Appeal | Competence of the Arbitral Tribunal to decide the Validity of the Arbitration Agreement | 13-04-2015 | Case #072

by Guide Arbitration
October 2, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Kompetenz-Kompetenz, Porto Court of Appeal, Portuguese Arbitration, Standard Form Contracts, Swaps, Swaps Arbitration

Porto Court of Appeal Date: 13-04-2015 Case Nr. 471/14.8TVPRT.P1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, and the state court may not decide that issue unless such invalidity is blatant. Summary: 1. Given that the parties entered into a ‘master agreement’, which stated that it was… Read More »Porto Court of Appeal | Competence of the Arbitral Tribunal to decide the Validity of the Arbitration Agreement | 13-04-2015 | Case #072

Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement |28-05-2015 | Case #069

by Guide Arbitration
September 29, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Standard Form Contracts, Supreme Court of Justice, Swaps, Swaps Arbitration

Supreme Court of Justice Date: 28-05-2015 Case Nr. 2040/13.0TVLSB.L1.S1 LINK DGSI Headlines: State courts are not competent to decide the invalidity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. Since the defendant invoked an arbitration agreement in a timely manner, only in cases where such agreement is manifestly invalid, inoperative or ineffective… Read More »Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement |28-05-2015 | Case #069

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

by Guide Arbitration
September 28, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Impecuniosity, Kompetenz-Kompetenz, Lisbon Court of Appeal, Standard Form Contracts, Swaps, Swaps Arbitration

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

Supreme Court of Justice (Portugal) | Kompetenz-Kompetenz | Negative Effect of the Arbitration Agreement | 12-05-2016 | Case #057

by Guide Arbitration
September 10, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 12-05-2016 Case Nr. 710/14.5TVLSB-A.L1.S1 LINK DGSI Headline: According to Art. 18(3) of the Arbitration Act, the jurisdiction of the arbitral tribunal includes the power to decide on the validity of the arbitration agreement. Summary: The Supreme Court of Justice is competent to decide issues on the interpretation and application… Read More »Supreme Court of Justice (Portugal) | Kompetenz-Kompetenz | Negative Effect of the Arbitration Agreement | 12-05-2016 | Case #057

Porto Court of Appeal | Kompetenz-Kompetenz | Negative Effect of the Arbitration Agreement | 13-04-2015 | Case #056

by Guide Arbitration
September 9, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Kompetenz-Kompetenz, Porto Court of Appeal, Portuguese Arbitration, Swaps, Swaps Arbitration

Porto Court of Appeal Date: 13-04-2015 Case Nr. 471/14.8TVPRT.P1 LINK DGSI Headline: The court judge shall dismiss the procedure in accordance with Art. 5(1) of the Arbitration Act if a party invokes the existence of an arbitration agreement, unless such agreement is manifestly null and void, ineffective or unenforceable. According to Art. 18(3) of the… Read More »Porto Court of Appeal | Kompetenz-Kompetenz | Negative Effect of the Arbitration Agreement | 13-04-2015 | Case #056

Porto Court of Appeal | Scope of the Arbitration Agreement | Validity Ratione Temporis | 03-11-2014 | Case #055

by Guide Arbitration
September 8, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Kompetenz-Kompetenz, Portuguese Arbitration, Scope of jurisdiction

Porto Court of Appeal Date: 03-11-2014 Case Nr. 156/14.5TTMAI.P1 LINK DGSI Headline: The expiration of a contract does not entail the invalidy of the arbitration agreement inserted in such contract. Summary: A sports employment contract requires a certain level of formalities. The interpretation of its clauses may not lead to a conclusion that does… Read More »Porto Court of Appeal | Scope of the Arbitration Agreement | Validity Ratione Temporis | 03-11-2014 | Case #055