Lisbon Court of Appeal

Lisbon Court of Appeal | Insurance Contract | Arbitration Agreement | 07-03-2019 | Case #090

by Guide Arbitration
May 5, 2019January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Insurance Contract, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 07-03-2019 Case Nr. 7459/16.2T8LSB-A.L1-2 LINK DGSI Headline: The insured is not bound by the arbitration agreement inserted in an insurance contract entered into between the insurer and the policyholder. Summary: In the vast majority of cases, the insurance on behalf of another person is a contract to the benefit… Read More »Lisbon Court of Appeal | Insurance Contract | Arbitration Agreement | 07-03-2019 | Case #090

Lisbon Court of Appeal | Motivation of the Arbitral Award | 21-03-2019 | Case #089

by Guide Arbitration
April 5, 2019January 19, 2020
CASE LAW, Lisbon Court of Appeal, Motivation Arbitral Award, Portuguese Arbitration

Lisbon Court of Appeal Date: 21-03-2019 Case Nr. 1412/18.9YRLSB.L1-2 LINK DGSI Headline: The arbitral award must contain its motivation, consisting of an assessment of the evidence produced, the indication of the facts proven, particularly those admitted by the parties, the reasons justifying the application of the legal rules to the facts, and the conclusion resulting… Read More »Lisbon Court of Appeal | Motivation of the Arbitral Award | 21-03-2019 | Case #089

Lisbon Court of Appeal | IBA Guidelines | Conflicts of Interest | 22-01-2019 | Case #086

by Guide Arbitration
February 1, 2019January 19, 2020
CASE LAW, Conflicts of Interest, IBA Guidelines, Lisbon Court of Appeal, Portuguese Arbitration

The IBA Guidelines are American rules, unfit for the European rules, and are useful as any document on ethics, but the parties are not obliged to comply with them, much less the arbitrators.

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

by Guide Arbitration
January 30, 2019January 19, 2020
Arbitrators' Fees, CASE LAW, Due Process, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085 Lisbon Court of Appeal Date: 19-02-2015 Case Nr. 1422/14.5YRLSB.L1-8 LINK DGSI Headlines: In arbitral proceedings, compliance with the due process principles must always be guaranteed. However, the tribunal may decide immediately on certain submitted requests without necessarily hearing the parties,… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

Lisbon Court of Appeal | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | Kompentenz-Kompetenz | 11-01-2011 | Case #078

by Guide Arbitration
October 9, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Extension Arbitration Agreement, Group of Companies Doctrine, Kompetenz-Kompetenz, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 11-01-2011 Case Nr. 3539/08.6TVLSB.L1 LINK DGSI Headline: The arbitration agreement concluded with a company belonging to the same group of companies only binds the contracting parties, except if a third party later accedes to that agreement. The arbitral tribunal shall be competent to interpret the arbitration clause in order to… Read More »Lisbon Court of Appeal | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | Kompentenz-Kompetenz | 11-01-2011 | Case #078

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

Lisbon Court of Appeal | Arbitration’s Costs | Motivation of the arbitral award | 13-02-2014 | Case #041

by Guide Arbitration
October 6, 2018January 19, 2020
Arbitrators' Fees, CASE LAW, Enforcement of Arbitral Awards, Lisbon Court of Appeal, Motivation Arbitral Award, Portuguese Arbitration

Lisbon Court of Appeal Date: 13-02-2014 Case Nr. 1053/13.7YRLSB-2 LINK DGSI Headline: It is up to the arbitral tribunal to decide on their fees and other costs of the arbitration. It shall not be annulled a final award that does not contain the motivation regarding the factual background that was considered to be proven by… Read More »Lisbon Court of Appeal | Arbitration’s Costs | Motivation of the arbitral award | 13-02-2014 | Case #041

Lisbon Court of Appeal | Multy-Party Arbitration & Swaps |14-06-2018 | Case #071

by Guide Arbitration
October 1, 2018January 19, 2020
CASE LAW, Lisbon Court of Appeal, MultiParty Arbitration, Swaps Arbitration

Lisbon Court of Appeal Date: 14-06-2018 Case Nr. 81/17.8YELSB-8 LINK DGSI Headlines: A swap master agreement entered separately into with different individuals and the bank allows the joinder of multiple claimants in arbitration. Summary: 1. If a number of swap agreements between different individuals and the same Bank is concluded under a similar contractual framework,… Read More »Lisbon Court of Appeal | Multy-Party Arbitration & Swaps |14-06-2018 | Case #071

Lisbon Court of Appeal | Modification of Arbitral Awards | 28-01-2016 | Case #070

by Guide Arbitration
September 30, 2018January 19, 2020
Annulment Arbitral Award, CASE LAW, Lisbon Court of Appeal, Modification Arbitral Award, Motivation Arbitral Award, Res judicata

Lisbon Court of Appeal | Modification of Arbitral Awards | 28-01-2016 Date: 28-01-2016 Case Nr. 660/15.8YRLSB-2 Link DGSI Headlines An arbitral award may be modified if the facts on which it was based have subsequently suffered a material change. Summary 1. The extent to which the motivation of the arbitral award is required for… Read More »Lisbon Court of Appeal | Modification of Arbitral Awards | 28-01-2016 | Case #070

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