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Lisbon Court of Appeal

Lisbon Court of Appeal | New York Convention 1958 | Staying of the Recognition Procedure and Posting Adequate Security| 30-06-2011 | Case #0029

Lisbon Court of Appeal Date: 30-06-2011 Case Nr. 2004/08.6TVLSB-A-7 LINK DGSI Headline: Art. VI of New York Convention provides for the staying of the recognition procedure when the annulment of the award is pending in the contracting State in which the award was made. It also provides that, in such event, the party seeking the… Read More »Lisbon Court of Appeal | New York Convention 1958 | Staying of the Recognition Procedure and Posting Adequate Security| 30-06-2011 | Case #0029

Lisbon Court of Appeal | New York Convention 1958 | Recognition before Enforcement | 08-06-2010 | Case #0027

Lisbon Court of Appeal Date: 08-06-2010 Case Nr. 243/10.9YRLSB-7 LINK DGSI Headline: An arbitral award rendered in a country party to the New York Convention needs to be recognised in Portugal before it is enforced. Summary: A foreign arbitral award is not automatically enforceable within the Portuguese jurisdiction without being subjected to a prior revision… Read More »Lisbon Court of Appeal | New York Convention 1958 | Recognition before Enforcement | 08-06-2010 | Case #0027

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 29-09-2015 | Case #0020

Lisbon Court of Appeal Date: 29-09-2015 Case Nr. 827/15.9YRLSB-1 LINK DGSI Headline: Non-disclosure of relevant circumstances may lead to justifiable doubts against an arbitrators independence and impartiality.   Summary: The arbitrator did not disclose at the time of his nomination or appointment: his previous participation in identical or similar arbitrations, as well as the opinion… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 29-09-2015 | Case #0020

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 24-03-2015 | Case #019

Lisbon Court of Appeal Date: 24-03-2015 Case Nr. 1361/14.0YRLSB.L1-1 LINK DGSI Headline: Arbitrator can be disqualified for being repeatedly appointed by same party/law firm if the circumstances in question give rise to justifiable doubts. Provisions under IBA Guidelines on the Conflict of Interest in International Arbitration 2004, Orange List (3.1.3, 3.1.5 and 3.3.7) were referred… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 24-03-2015 | Case #019

Lisbon Court of Appeal | Arbitrators’ Fees | 14-07-2016 | Case #0015

Lisbon Court of Appeal Date: 14-07-2016 Case Nr. 660/16.0YRLSB-2 LINK DGSI Headline: In the absence of a prior agreement of the parties, arbitrators can decide on their own fees.  Summary: 1. As per Art. 17 (2) of the Voluntary Arbitration Act (VAL), in the absence of an agreement between the parties, the arbitrators can decide… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 14-07-2016 | Case #0015

Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

Lisbon Court of Appeal Date: 05-11-2015 Case Nr. 2672-14.0T8LSB.L1-6 LINK DGSI Headlines: An arbitration clause in a framework agreement is applicable to contracts concluded under it. The failure to raise objections to the court’s jurisdiction on a dispute arising from one contract does not deprive a party of its right to raise such a defence… Read More »Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

Supreme Court of Justice (Portugal) | Ultra Petita| IBA Rules on the Taking of Evidence | 12-07-2018 | Case #0013

Lisbon Court of Appeal Date: 12-07-2018 Case Nr. 1254/17.9YRLSB-L1-2 LINK DGSI Headline: An award can be successfully challenged under Art. 46/3 (Arbitration Act) when parties have been treated unequally & that inequality had a decisive effect on the decision. Summary: Similar to other jurisdictions, the production of evidence is not governed by the LAV, but… Read More »Supreme Court of Justice (Portugal) | Ultra Petita| IBA Rules on the Taking of Evidence | 12-07-2018 | Case #0013

Lisbon Court of Appeal | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 02-06-2016 | Case #0011

Lisbon Court of Appeal Date: 02-06-2016 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award that imposes a disproportionate and excessive penalty on a party is manifestly inconsistent with the international public order of Portugal, and is therefore unenforceable by a  Portuguese court. Summary: Prior to enforcement of the award, the court must satisfy itself… Read More »Lisbon Court of Appeal | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 02-06-2016 | Case #0011

Lisbon Court of Appeal | Kompetenz-Kompetenz | Financial Distress of one of the Parties does not render the Arbitration Clause Inoperative | 22-09-2015 | Case #007

Lisbon Court of Appeal Date: 22-09-2015 Case Nr. 1212/14.5T8LSB.L1-7 LINK DGSI  Related CASE: Decision of the Supreme Court of Justice of 26-04-2016 HERE Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. The circumstance that the petitioner is under a restructure procedure does necessary mean… Read More »Lisbon Court of Appeal | Kompetenz-Kompetenz | Financial Distress of one of the Parties does not render the Arbitration Clause Inoperative | 22-09-2015 | Case #007