Portuguese Arbitration

Supreme Court of Justice | Recognition of Foreign Arbitral Awards | Public Policy | Case #133

by Guide Arbitration
July 8, 2023August 12, 2023
Blog Post, Blog Posts, CASE LAW, Enforcement of Arbitral Awards, New York Convention 1958, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts, Public Policy, Recognition of Foreign Arbitral Awards, Res judicata, Supreme Court of Justice

Case 991/20.5YRLSB.S1 22-06-2023 Link to DGSI Summary: I. The judgment rendered in a special action for the recognition of a foreign arbitral award is subject to a review appeal to the Supreme Court under the provisions of Article 671(1) of the Code of Civil Procedure (CPC) because the Court of Appeal acts exceptionally not as… Read More »Supreme Court of Justice | Recognition of Foreign Arbitral Awards | Public Policy | Case #133

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

by Guide Arbitration
May 17, 2021May 17, 2021
Arbitration Agreement, Enforceability Arbitration Agreement, NEWS|EVENTS|POSTS, Pathological Arbitration Clause, Porto Court of Appeal, Portuguese Arbitration, Posts

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

by Guide Arbitration
March 9, 2021March 9, 2021
Annulment Arbitral Award, Blog Post, Blog Posts, CASE LAW, Motivation Arbitral Award, NEWS|EVENTS|POSTS, Porto Court of Appeal, Portuguese Arbitration, Time Limits to Render the Award

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

Lisbon Court of Appeal | International Maritime Transport| International Arbitration | Arbitration Clause| Case #121

by Guide Arbitration
January 27, 2021February 8, 2021
Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Enforceability Arbitration Agreement, Extension Arbitration Agreement, Lisbon Court of Appeal, Maritime arbitration, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

I – Portuguese law does not contain any rule that prevents the resolution of conflicts, arising from a contract for the international carriage of goods by sea, through transnational arbitration, even if this results in the impossibility of submitting such conflicts to the Portuguese state courts. II- An arbitration clause inserted in the front page… Read More »Lisbon Court of Appeal | International Maritime Transport| International Arbitration | Arbitration Clause| Case #121

Lisbon Court of Appeal | Annulment of an Arbitral Award | Principle of Equality | Adversarial Principle | Assessment of Evidence | Merits of the case| State Court| Case #115

by Guide Arbitration
December 11, 2020December 11, 2020
Annulment Arbitral Award, Appeal, CASE LAW, Due Process, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Arbitration Costs | Costs follow the event principle | Case #114

by Guide Arbitration
October 2, 2020October 2, 2020
Arbitration Costs, Arbitrators' Fees, CASE LAW, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Arbitration Costs | Costs follow the event principle | Case #114Case nr. 104/20.3YRLSB-210-09-2020LINK DGSI Summary: If the terms of reference of the ad hoc tribunal specifically provide that the allocation “of the total costs of the arbitration” shall be made on the basis of which party faces loss as per… Read More »Lisbon Court of Appeal | Arbitration Costs | Costs follow the event principle | Case #114

Lisbon Court of Appeal | Arbitration in Medicine Patents Disputes | Mandatory Arbitration | Competence of the Arbitral Tribunal to Hear Claim on the Invalidity of the Patent| Case #110

by Guide Arbitration
June 3, 2020May 19, 2020
Arbitration in Patent Disputes, Blog Post, Blog Posts, CASE LAW, Due Process, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Nullity of the Patent, Portuguese Arbitration, Scope of jurisdiction

Case nr. 772/19.9YRLSB-607-05-2020LINK DGSI Summary: I- The mandatory arbitral tribunal provided for in Law No. 62/2011 shall have jurisdiction to examine, by way of a limited exception to a peremptory rule, the question of the invalidity of the patent or Supplementary Protection Certificate relating to the medicines, where such invalidity is argued as a defence,… Read More »Lisbon Court of Appeal | Arbitration in Medicine Patents Disputes | Mandatory Arbitration | Competence of the Arbitral Tribunal to Hear Claim on the Invalidity of the Patent| Case #110

Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109

by Guide Arbitration
June 1, 2020May 13, 2020
Arbitration Agreement, Arbitration Costs, Blog Post, Blog Posts, CASE LAW, Enforceability Arbitration Agreement, Impecuniosity, Inoperativeness Arbitration Agreement, Judicial Costs, Kompetenz-Kompetenz, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109Case nr. 415/18.8T8SNT.L1-205-03-2020LINK DGSI Headline: In a case where the formal validity of the arbitration agreement or its application to the actual dispute between the parties is not at stake, it is only when… Read More »Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109

Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108

by Guide Arbitration
May 30, 2020May 13, 2020
Blog Post, Blog Posts, CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, Multiple Appointments, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108Case nr. 1577/18.0YRLSB-111-02-2020LINK DGSI Summary: I- Non-compliance or defective fulfilment of the duty to disclose shall not in itself constitute grounds for disqualification of the arbitrator, and it… Read More »Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108

Lisbon Appeal Court | Time Limit to Seek Annulment | Annulment of Arbitral Awards | Vexatious Litigation | Litigate in Bad Faith | Limitation Period | Bad Faith’s Litigation | IBA Guidelines | Independence and Impartiality | Case #107

by Guide Arbitration
May 28, 2020May 28, 2020
Annulment Arbitral Award, Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts