Lisbon Court of Appeal

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 | Annulment of an Arbitral Award | Principle of Equality | Adversarial Principle | Assessment of Evidence | Merits of the case| State Court| Case #115

by Guide Arbitration
December 11, 2020December 11, 2020
Annulment Arbitral Award, Appeal, CASE LAW, Due Process, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Arbitration Costs | Costs follow the event principle | Case #114

by Guide Arbitration
October 2, 2020October 2, 2020
Arbitration Costs, Arbitrators' Fees, CASE LAW, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Arbitration Costs | Costs follow the event principle | Case #114Case nr. 104/20.3YRLSB-210-09-2020LINK DGSI Summary: If the terms of reference of the ad hoc tribunal specifically provide that the allocation “of the total costs of the arbitration” shall be made on the basis of which party faces loss as per… Read More »Lisbon Court of Appeal | Arbitration Costs | Costs follow the event principle | Case #114

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 | 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

Lisbon Court of Appeal | Arbitration in Medicine Patents Disputes | Mandatory Arbitration | Competence of the Arbitral Tribunal to Hear Claim on the Invalidity of the Patent| Case #110

by Guide Arbitration
June 3, 2020May 19, 2020
Arbitration in Patent Disputes, Blog Post, Blog Posts, CASE LAW, Due Process, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Nullity of the Patent, Portuguese Arbitration, Scope of jurisdiction

Case nr. 772/19.9YRLSB-607-05-2020LINK DGSI Summary: I- The mandatory arbitral tribunal provided for in Law No. 62/2011 shall have jurisdiction to examine, by way of a limited exception to a peremptory rule, the question of the invalidity of the patent or Supplementary Protection Certificate relating to the medicines, where such invalidity is argued as a defence,… Read More »Lisbon Court of Appeal | Arbitration in Medicine Patents Disputes | Mandatory Arbitration | Competence of the Arbitral Tribunal to Hear Claim on the Invalidity of the Patent| Case #110

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

Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108

by Guide Arbitration
May 30, 2020May 13, 2020
Blog Post, Blog Posts, CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, Multiple Appointments, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108Case nr. 1577/18.0YRLSB-111-02-2020LINK DGSI Summary: I- Non-compliance or defective fulfilment of the duty to disclose shall not in itself constitute grounds for disqualification of the arbitrator, and it… Read More »Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108

Lisbon Appeal Court | Time Limit to Seek Annulment | Annulment of Arbitral Awards | Vexatious Litigation | Litigate in Bad Faith | Limitation Period | Bad Faith’s Litigation | IBA Guidelines | Independence and Impartiality | Case #107

by Guide Arbitration
May 28, 2020May 28, 2020
Annulment Arbitral Award, Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Kompetenz-Kompetenz | 13-09-2018 | Case #106

by Guide Arbitration
May 26, 2020June 29, 2020
Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Disregard of the Arbitration Clause| 13-09-2018 | Case #106Case nr. 2741/16.1T8PTM.L1-213-09-2018LINK DGSI Headline: The law attributes to the arbitral tribunal the competence, in the first place, to assess its competence to resolve a conflict. That is, confronted, on a timely basis by the defendant, with the invocation of an arbitration… Read More »Lisbon Court of Appeal | Kompetenz-Kompetenz | 13-09-2018 | Case #106