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Lisbon Court of Appeal

Lisbon Court of Appeal | Application of the new Arbitration Act ratione temporis | 14-04-2016 | Case #050

Lisbon Court of Appeal Date: 14-04-2016 Case Nr. 2455/13.4YYLSB-A.L1-2 LINK DGSI   Headline: If the LAV of 1986 is in force at the time that the parties submitted the request for arbitration, this will be the law applicable to arbitration proceedings, even if the LAV of 2011 is in force at the time that the… Read More »Lisbon Court of Appeal | Application of the new Arbitration Act ratione temporis | 14-04-2016 | Case #050

Lisbon Court of Appeal | Arbitrators’ Fees | 04-12-2014 | Case #048

Lisbon Court of Appeal Date: 04-12-2014 Case Nr. 1181/14.1YRLSB.L1-6 LINK DGSI Headline: Arbitral tribunals are prevented from fixing fees manifestly disproportionate to the service they provide. Summary: Notwithstanding the economic value of the interests in dispute, the total amount of € 18,000 fixed as fees of the members of the arbitral tribunal is disproportionate in… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 04-12-2014 | Case #048

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

Lisbon Court of Appeal | Application of the New Arbitration Act Ratione Temporis | 11-06-2013 | Case #046

Lisbon Court of Appeal Date: 11-06-2013 Case Nr. 955/12.2YRLSB-7 LINK DGSI   Headline: The 2011 LAV cannot apply to arbitration proceedings initiated before its entry into force, unless all the parties to the arbitration expressly or tacitly agree to its application.   Summary: 1. Article 4 (2) of Law No 63/2011, which approves the 2011… Read More »Lisbon Court of Appeal | Application of the New Arbitration Act Ratione Temporis | 11-06-2013 | Case #046

Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049

Lisbon Court of Appeal Date: 15-03-2016 Case Nr. 871/15.6YRLSB-7 LINK DGSI Headline: An arbitral award may only be set aside if extremely exceptional circumstances occur, such as the violation of fundamental principles of due process that may have had an influence in the outcome of the case. An arbitral award is sufficiently motivated if it… Read More »Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 01-02-2018 | Case #023

Lisbon Court of Appeal Date: 01-02-2018 Case Nr. 1320/17.0YRLSB-8 LINK DGSI Headline: The Arbitrator’s prior opinion on a given issue does not in itself imply a lack of independence or impartiality. Summary: The fact that the arbitrator has an opinion about certain issues does not in itself imply lack of impartiality or impartiality. In certain… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 01-02-2018 | Case #023

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 03-10-2017 | Case #022

Lisbon Court of Appeal Date: 03-10-2017 Case Nr. 1177/17.1YRLSB-7 LINK DGSI Headline: In cases where omission to disclose is of substance that is fundamental in nature, this in itself would point towards a lack of independence or impartiality. Where the challenge is based on the fact that certain relevant evidence was not considered by the… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 03-10-2017 | Case #022

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | IBA Guidelines | Challenge of Arbitrator | 13-09-2016 | Case #021

Lisbon Court of Appeal Date: 13-09-2016 Case Nr. 581/16.7YRLSB.-1 LINK DGSI Headline: A challenge to an arbitrator’s independence and impartiality is to be determined through an objective criterion, and not through the eyes of either party. A nomination for numerous arbitrations does not, by itself, constitute grounds for challenge of the arbitrator, especially in a… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | IBA Guidelines | Challenge of Arbitrator | 13-09-2016 | Case #021

Lisbon Court of Appeal | Enforcement of Arbitral Awards | Grounds for Resisting Enforcement | 12-07-2012 | Case #0035

Lisboa Court of Appeal Date: 12-07-2012 Case Nr. 2191/11.6YYLSB-A.L1-7 LINK DGSI Headlines: An arbitral award equates to a court judgment for the purposes of an enforcement procedure. The award debtor may not invoke there any ground that he could have invoked during a setting aside procedure.   Summary: The arbitral award is an enforceable document,… Read More »Lisbon Court of Appeal | Enforcement of Arbitral Awards | Grounds for Resisting Enforcement | 12-07-2012 | Case #0035

Lisbon Court of Appeal | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 12-07-2012 | Case #0030

Lisbon Court of Appeal Date: 12-07-2012 Case Nr. 7328/10.0TBOER.L1-1 LINK DGSI Related CASE: Supreme Court of Justice | 14-03-2013 | Case #031 Headline: Evidences of the circumstances set forth in Art. V(1) of the NYC shall be introduced within 10 days after the respondent has been summoned. Liquidated damages clauses are not contrary to the… Read More »Lisbon Court of Appeal | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 12-07-2012 | Case #0030