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Lisbon Court of Appeal

Lisbon Appeal Court | Annulment of Arbitral Awards | Lack of Motivation | 16-05-2019 | Case #105

Case nr. 2470/18.1YRLSB.L1-816-05-2019LINK DGSI Summary:                                                           I- Article 46(3)(a) of the Law on Voluntary Arbitration (LAV) establishes the grounds on which an arbitral award may be annulled by the State Court; II- There is no violation of the right of defense of the Parties, as protected in Article 30(1) of the LAV, in the event that… Read More »Lisbon Appeal Court | Annulment of Arbitral Awards | Lack of Motivation | 16-05-2019 | Case #105

Lisbon Appeal Court | Recognition of Foreign Arbitral Awards | Arbitral | 11-12-2018 | Case #103

Lisbon Appeal Court | Recognition of Foreign Arbitral Awards |Case nr. 2004/08.6TVLSB.L2-711-12-2018LINK DGSI Headline: The court of appeal should not be aware of issues that have not been raised in the court whose decision is under appeal and that, for this reason, the lower court did not, and did not have to, analyze unless they… Read More »Lisbon Appeal Court | Recognition of Foreign Arbitral Awards | Arbitral | 11-12-2018 | Case #103

Lisbon Court of Appeal | Arbitral Award | Principle of Exhaustion of Jurisdictional Power | Compulsory Pecuniary Penalties | Case #100

Lisbon Court of Appeal | Arbitral Award | Principle of Exhaustion of Jurisdictional Power | Compulsory Pecuniary Penalties | 09-01-2020 | Case #100Case nr. 2970.19.6YRSB-609-01-2020 LINK DGSI Headline: The termination of the arbitrator’s jurisdictional powers, subsequent to a final decision, produces the effects of binding the tribunal to such decision and prevents it from modifying or… Read More »Lisbon Court of Appeal | Arbitral Award | Principle of Exhaustion of Jurisdictional Power | Compulsory Pecuniary Penalties | Case #100

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

Case #047 | Lisbon Court of Appeal | Amendments to the Memorials | Amendment of the Relief Sought | Ultra Petita | 27-11-2014 | Case #047

Lisbon Court of Appeal ||Date: 27-11-2014 ||Case Nr. 703/14.2YRLSB.L1-2 ||LINK DGSI || Headline: An arbitral tribunal has not exceeded its power when it declares relief pursuant to an amendment to the memorials in the arbitration, as long as there has not been unjustified delay, and both parties have received the opportunity to make submissions on… Read More »Case #047 | Lisbon Court of Appeal | Amendments to the Memorials | Amendment of the Relief Sought | Ultra Petita | 27-11-2014 | Case #047

Lisbon Court of Appeal | Arbitrators Fees | Urgent Procedure | Complexity of the case| Case #97

Lisbon Court of Appeal | Case #97 Case nr. 1123/19.8YRLSB-L1-2 26-09-2019 LINK DGSI Headline: The judicial procedure aimed at reducing the remuneration and expenses of the arbitral trribunal is urgent and, therefore, a suspension of the procedure should not be allowed. The remuneration of the arbitrators shall take into account the complexity of the issues,… Read More »Lisbon Court of Appeal | Arbitrators Fees | Urgent Procedure | Complexity of the case| Case #97

Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019| Case #95

Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019 | Case nr. 2794/18.8YRLSB.L1-2 | Case #95 LINK DGSI Headline: According to the Portuguese Arbitration Law, an arbitration award which lacks reasoning shall be considered null and void. However, a merely defective statement of reasons is not sufficient to grant the annulment… Read More »Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019| Case #95

Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94

Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94 Case nr. 1460/18.9 YRLSB.L1-6 LINK DGSI Headline: Arbitral tribunals shall have the power to enforce a penalty payment, particularly in compulsory arbitrations.   Summary: I – In an arbitration proceeding where the defendants were obliged… Read More »Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94

Lisbon Court of Appeal | Right to Appeal | Interlocutory Decisions | 07-05-2019 | Case #091

Lisbon Court of Appeal Date: 07-05-2019 Case Nr. 2553/18.8YRLSB.L1-2 LINK DGSI Headline: Art. 39(4) of the Portuguese Arbitration Law provides that the right to appeal depends on the parties’ express agreement. However, this regime concerns merely those awards that settle the dispute or a part of it. Therefore, it does not extend to interlocutory arbitral… Read More »Lisbon Court of Appeal | Right to Appeal | Interlocutory Decisions | 07-05-2019 | Case #091

Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | Competence of the Arbitral Tribunal | 02-05-2019 | Case #091

Lisbon Court of Appeal Date: 02-05-2019 Case Nr. 1956/18.2YRLSB-6 LINK DGSI Headline: In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is prevented from contest the claim by raising an objection grounded in the invalidity of the patent in dispute. Summary: In a mandatory arbitration, the defendant is… Read More »Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | Competence of the Arbitral Tribunal | 02-05-2019 | Case #091