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Porto Court of Appeal

Oporto Court of Appeal | Arbitration Agreement | Mediator | Pathological Arbitration Clause | Case #130

Oporto Court of Appeal | Arbitration Agreement | Mediator | Arbitration Clause |   Case #130 Case nr. 26292/19.1T8PRT.P1 25-03-2021 LINK DGSI Summary: I. The arbitration agreement is a result of the mutual intention of the parties to refer to arbitration the resolution of a present dispute (submission agreement) as well as any future disputes arising… Read More »Oporto Court of Appeal | Arbitration Agreement | Mediator | Pathological Arbitration Clause | Case #130

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

Porto Court of Appeal | Competence of the Arbitral Tribunal to decide the Validity of the Arbitration Agreement | 13-04-2015 | Case #072

Porto Court of Appeal Date: 13-04-2015 Case Nr. 471/14.8TVPRT.P1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, and the state court may not decide that issue unless such invalidity is blatant. Summary: 1. Given that the parties entered into a ‘master agreement’, which stated that it was… Read More »Porto Court of Appeal | Competence of the Arbitral Tribunal to decide the Validity of the Arbitration Agreement | 13-04-2015 | Case #072

Porto Court of Appeal | Annulment of arbitral award | Time limit to render the award | 23-10-2014 | Case #062

Porto Court of Appeal Date: 23-10-2014 Case Nr. 178/13.3TVPRT.P1 LINK DGSI Headline: The submission agreement shall expire, and the arbitral tribunal shall be relieved from its remit if the arbitral award is made after almost two years since the date on which the arbitration proceedings commenced.   Summary: An award rendered by the Arbitral Commission… Read More »Porto Court of Appeal | Annulment of arbitral award | Time limit to render the award | 23-10-2014 | Case #062

Porto Court of Appeal | Hierarchical jurisdiction | Recognition of foreign arbitral awards | 09-09-2013 | Case #061

Porto Court of Appeal Date: 09-09-2013 Case Nr. 29/13.9YRPRT LINK DGSI Headline:   A foreign arbitral award shall be recognised by the court of appeal in whose district is located the domicile of the person against whom the award is invoked. The recognition of a foreign arbitral award made in a country party to the… Read More »Porto Court of Appeal | Hierarchical jurisdiction | Recognition of foreign arbitral awards | 09-09-2013 | Case #061

Porto Court of Appeal | Kompetenz-Kompetenz | Negative Effect of the Arbitration Agreement | 13-04-2015 | Case #056

Porto Court of Appeal Date: 13-04-2015 Case Nr. 471/14.8TVPRT.P1 LINK DGSI Headline: The court judge shall dismiss the procedure in accordance with Art. 5(1) of the Arbitration Act if a party invokes the existence of an arbitration agreement, unless such agreement is manifestly null and void, ineffective or unenforceable. According to Art. 18(3) of the… Read More »Porto Court of Appeal | Kompetenz-Kompetenz | Negative Effect of the Arbitration Agreement | 13-04-2015 | Case #056

Porto Court of Appeal | Annulment of the arbitral award | Supplementation by the Arbitral Tribunal | 23-06-2015 | Case #052

Porto Court of Appeal Date: 23-06-2015 Case Nr. 9/15.0YRPRT LINK DGSI Headline: The arbitral award may be supplemented by the arbitral tribunal to correct any deficiency that may produce its invalidity. The supplementation can be made while an ongoing annulment procedure is suspended.   Summary: The arbitral award shall be annulled if the circumstances foreseen… Read More »Porto Court of Appeal | Annulment of the arbitral award | Supplementation by the Arbitral Tribunal | 23-06-2015 | Case #052

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

Porto Court of Appeal | New York Convention 1958 | Recognition of Foreign Arbitral Awards | 07-12-2002 | Case #0034

Porto Court of Appeal Date: 07-12-2002 Case Nr. 0250581 LINK DGSI Headlines: The NYC1958 applies to procedures aimed at recognising foreign arbitral awards. To that effect, Art. 1094 et seq. of the Portuguese Code of Civil Procedure do not apply.   Summary: Both Portugal and the United Kingdom acceded to the New York Convention on… Read More »Porto Court of Appeal | New York Convention 1958 | Recognition of Foreign Arbitral Awards | 07-12-2002 | Case #0034

Porto Court of Appeal | Kompetenz-Kompetenz | Enforceability of Arbitration Agreements by Non-Signatories | Abuse of Rights | 08-03-2016 | Case #009

Porto Court of Appeal  Date: 08-03-2016 Case Nr. 2164/14.7TBSTS.P1 LINK DGSI Headline: State courts must confine themselves to questions of non-existence, nullity or inoperability of the arbitration clause. Non-signatories may be joint to arbitration, and can even claim to be joint in certain instances that were delineated by the Court. Summary: Art. 5(1) and 18(1)… Read More »Porto Court of Appeal | Kompetenz-Kompetenz | Enforceability of Arbitration Agreements by Non-Signatories | Abuse of Rights | 08-03-2016 | Case #009