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Motivation Arbitral Award

Porto Court of Appeal | Action for Annulment of an Arbitral Award | Time Limit for Completion of Proceedings | Duty to State Reasons | Case #128

Porto Court of Appeal | Action for Annulment of an Arbitral Award | Time Limit for Completion of Proceedings | Duty to State Reasons | Case #128Case nr. 298/20.8YRPRT28-01-2021LINK DGSI Summary: I. Article 43 of the Voluntary Arbitration Law establishes the maximum period within which an arbitration proceeding must be concluded, and the respective award… Read More »Porto Court of Appeal | Action for Annulment of an Arbitral Award | Time Limit for Completion of Proceedings | Duty to State Reasons | Case #128

Guimarães Court of Appeal | Annulment of the Arbitral Award| Factual Background of the Arbitral Award | Lack of motivation| International Public Policy of Portugal | Case #112

Guimarães Court of Appeal | Annulment of the Arbitral Award| Factual Background of the Arbitral Award | Lack of motivation| International Public Policy of Portugal | Case #112Case nr. 117/19.8YRGMR28-05-2020LINK DGSI Headline: When deciding a request to annul an arbitral award, the court judge is not allowed to scrutinize the merits of the decision, nor… Read More »Guimarães Court of Appeal | Annulment of the Arbitral Award| Factual Background of the Arbitral Award | Lack of motivation| International Public Policy of Portugal | Case #112

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

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

(Portugal) Supreme Court of Justice | Annulment of the Award | Lack of Motivation | Liquidated Damages | 27-09-2018 | Case #079

Supreme Court of Justice Date: 27-09-2018 Case Nr. 776/17.6YRLSB.S1 LINK DGSI Headline: In a lawsuit for the annulment of an arbitral award, the appeal against the decision of the Court of Appeals is admissible before the Supreme Court, provided that the appeal deals only with the issue of whether the requisites for that annulment are… Read More »(Portugal) Supreme Court of Justice | Annulment of the Award | Lack of Motivation | Liquidated Damages | 27-09-2018 | Case #079

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

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

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 | 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

Porto Court of Appeal | Partial annulment of an arbitral award | Lack of motivation | 04-06-2013 | Case #051

Porto Court of Appeal Date: 04-06-2013 Case Nr. 119/13.8YRPRT LINK DGSI Headline: If the arbitral tribunal failed to deal with all the matters submitted to arbitration, the award shall only be annulled partially, with regard to the part that has not been dealt with.   Summary: According to Art. 42(3) of the Arbitration Act, the… Read More »Porto Court of Appeal | Partial annulment of an arbitral award | Lack of motivation | 04-06-2013 | Case #051