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Lisbon Court of Appeal

Lisbon Court of Appeal | Arbitrators’ Fees | 01-07-2014 | Case #064

Lisbon Court of Appeal Date: 01-07-2014 Case Nr. 200/14.6YRLSB-7 LINK DGSI Headline: Complexity of the case, time consumed, (and other) factors must be considered when fixing the arbitrator’s fees.    Summary: When fixing the arbitrators’ fees, it is necessary to consider that this is a proceeding in which issues of high complexity are discussed, involving… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 01-07-2014 | Case #064

Lisbon Court of Appeal | Compulsory Penalty | Motivation of the arbitral award | 13-02-2014 |Case #040

Lisbon Court of Appeal Date: 13-02-2014 Case Nr. 724/13.2YRLSB-8 LINK DGSI Headline: In the absence of an express provision providing jurisdiction, arbitral tribunals cannot impose periodic penalty payments.   Arbitral awards that do not explain relevant facts should be annulled by state courts. Summary: The legitimacy of an arbitral tribunal arises from the will of… Read More »Lisbon Court of Appeal | Compulsory Penalty | Motivation of the arbitral award | 13-02-2014 |Case #040

Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | 21-06-2018 | Case #067

Lisbon Court of Appeal Date: 21-06-2018 Case Nr. 2384/17.2YRLSB.L1-8 LINK DGSI Headline: In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is admitted to contest the claim by raising an objection grounded in the invalidity of the patent in dispute.   Summary: In a mandatory arbitration initiated according… Read More »Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | 21-06-2018 | Case #067

Lisbon Court of Appeal | Arbitrators’ Fees | 10-09-2013 | Case #038

Lisbon Court of Appeal Date: 10-09-2013 Case Nr. 297/13.6YRLSB-7 LINK DGSI   Headline: Arbitrators may consider circumstances such as the complexity of the issues decided, the value of the case and the time spent on arbitral proceedings to determine and fix costs on the parties.   Summary: Under Article 17(2) of the Voluntary Arbitration Act… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 10-09-2013 | Case #038

Lisbon Court of Appeal | Arbitrators’ Fees | 06-02-2014 |Case #039

Lisbon Court of Appeal Date: 06-02-2014 Case Nr. 866/13.4YRLSB-2 LINK DGSI   Headline: Parties may challenge the amount of fees and expenses fixed by arbitrators in the state court. However, this right is lost if the parties have shown explicit signs of accepting the fees set by arbitrators in the terms of reference.   Summary:… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 06-02-2014 |Case #039

Lisbon Court of Appeal | Appeal and Waiver of the Right to Appeal | Annulment of Arbitral Award | 04-06-2013 | Case #045

Lisbon Court of Appeal Date: 04-06-2013 Case Nr. 2548/10.0TVLSB.L1-7 LINK DGSI Headline: Courts may annul the award if basic procedural principles are violated, i.e. internal contradiction within the award, failure to treat the parties equally or lack of reasoning behind the decision.  Summary: I – In view of the legal inadmissibility, due to the waiver… Read More »Lisbon Court of Appeal | Appeal and Waiver of the Right to Appeal | Annulment of Arbitral Award | 04-06-2013 | Case #045

Lisbon Court of Appeal | Arbitrators’ Fees | 12-02-2015 | Case #066

Lisbon Court of Appeal Date: 12-02-2015 Case Nr. 1551/14.5YRLSB-8 LINK DGSI Headline: The amount due to the arbitrators shall be calculated in accordance with proportionality, fairness and justice criteria, taking also into account the complexity and number of acts that have been carried out.   Summary: In fixing the arbitrators’ fees it will be necessary to… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 12-02-2015 | Case #066

Lisbon Court of Appeal | Arbitrators’ Fees | 15-01-2015 | Case #065

Lisbon Court of Appeal Date: 15-01-2015 Case Nr. 1362/14.8YRLSB.L1-8 LINK DGSI Headline: The amount of the arbitrators’ fees shall be calculated in proportion to the complexity of the award and the time spent during the proceedings.   Summary: The fact that the arbitral proceedings were not contested and the subsequent reduction in both the complexity… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 15-01-2015 | Case #065

Lisbon Court of Appeal | Arbitrators’ Fees | 29-04-2014 | Case #063

Lisbon Court of Appeal Date: 29-04-2014 Case Nr. 1337/13.4YRLSB-7 LINK DGSI Headline: The arbitrators’ fees shall be calculated in accordance with the complexity of the case and the stage where the proceedings are terminated.   Summary: In the context of an arbitral proceeding not contested by the defendant, the proceedings shall proceed, after the case… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 29-04-2014 | Case #063

Lisbon Court of Appeal | Concurrent jurisdiction of arbitral tribunals and state courts | 30-06-2015 | Case #060

Lisbon Court of Appeal Date: 30-06-2015 Case Nr. 1934/12.5 TBCSC-A.L1-1 LINK DGSI Headline: State courts must decide any procedural objection “ex officio”, except if the objection related to the existence of an arbitration agreement, in which situation only one of the parties can raise that objection.   Summary: The jurisdiction of an arbitral tribunal, accorded… Read More »Lisbon Court of Appeal | Concurrent jurisdiction of arbitral tribunals and state courts | 30-06-2015 | Case #060