Penalty Clauses – ARBITRATION PORTUGAL

Supreme Court of Justice |Penalty Clause | International Public Policy of the Portuguese State | Case #116

by Guide Arbitration
December 11, 2020December 11, 2020
Annulment Arbitral Award, CASE LAW, International Public Policy, Liquidated Damages, New York Convention 1958, NEWS|EVENTS|POSTS, Penalty Clauses, Public Policy, Supreme Court of Justice

Supreme Court of Justice |Penalty Clause | International Public Policy of the Portuguese State | Case #116Case nr. 2004/08.6TVLSB.L2.S110-11-2020LINK DGSI Summary: I. Having determined that the stipulation of the parties is a penalty clause of a reparatory and coercive nature and upheld that the payment of the amount established therein, corresponding to 15.6% of the… Read More »Supreme Court of Justice |Penalty Clause | International Public Policy of the Portuguese State | Case #116

Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94

by Guide Arbitration
June 26, 2019January 19, 2020
CASE LAW, Liquidated Damages, Lisbon Court of Appeal, Penalty Clauses, Penalty Payment, Portuguese Arbitration

Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94 Case nr. 1460/18.9 YRLSB.L1-6 LINK DGSI Headline: Arbitral tribunals shall have the power to enforce a penalty payment, particularly in compulsory arbitrations. Summary: I – In an arbitration proceeding where the defendants were obliged… Read More »Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94