Portuguese Arbitration

Supreme Court of Justice (Portugal) | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 14-03-2017 | Case #012

by Guide Arbitration
August 8, 2018January 19, 2020
Annulment Arbitral Award, CASE LAW, International Public Policy, Liquidated Damages, New York Convention 1958, Portuguese Arbitration, Public Policy, Supreme Court of Justice

Supreme Court of Justice Date: 14-03-2017 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award enforcing a penal clause of such high magnitude that it impairs the personal and economic freedoms of a party is incompatible with the international public order of Portugal, and is therefore unenforceable. Summary: The fact that the New York Convention… Read More »Supreme Court of Justice (Portugal) | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 14-03-2017 | Case #012

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

by Guide Arbitration
August 7, 2018January 19, 2020
Annulment Arbitral Award, CASE LAW, International Public Policy, Liquidated Damages, Lisbon Court of Appeal, New York Convention 1958, Portuguese Arbitration, Public Policy

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

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

by Guide Arbitration
August 5, 2018January 19, 2020
CASE LAW, Extension Arbitration Agreement, Kompetenz-Kompetenz, Porto Court of Appeal, Portuguese Arbitration

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

Porto Court of Appeal | Jurisdiction of Sports Arbitration Court | 27-06-2018 | Case #008

by Guide Arbitration
August 4, 2018January 19, 2020
CASE LAW, Court of Arbitration for Sports, Porto Court of Appeal, Portuguese Arbitration, Scope of jurisdiction

Porto Court of Appeal Date: 27-06-2018 Case Nr. 64161/17.9YIPRT.P1 LINK DGSI This case summary was kindly prepared by Rishabh Raheja, (rishabharaheja@gmail.com, NALSAR University of Law), Sameer Thakur (sameerthakur@live.in, NALSAR University of Law), and Abhishek Babbar (abhishekbabbar1996@gmail) Headlines: The Sports Arbitration Court (TAD) does not have the jurisdiction to decide on purely private matters that contain… Read More »Porto Court of Appeal | Jurisdiction of Sports Arbitration Court | 27-06-2018 | Case #008

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

by Guide Arbitration
August 3, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Impecuniosity, Lisbon Court of Appeal, Portuguese Arbitration, Restructuring, Standard Form Contracts, Swaps, Swaps Arbitration

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

Supreme Court of Justice (Portugal) | Replacement of Arbitrator and Impact on the Proceedings | 15-02-2017 | Case #006

by Guide Arbitration
August 2, 2018January 19, 2020
CASE LAW, Portuguese Arbitration, Replacement of Arbitrators, Supreme Court of Justice

Supreme Court of Justice Date: 15-02-2017 Case Nr. 831/15.7YRLSB.S1 LINK DGSI Headlines: When an arbitrator is replaced, the arbitral tribunal shall take the procedural steps that it deems necessary, and it can decide for the repetition of acts and later issue the award that can be subject to appeal to the competent Court of Appeal.… Read More »Supreme Court of Justice (Portugal) | Replacement of Arbitrator and Impact on the Proceedings | 15-02-2017 | Case #006

Supreme Court of Justice (Portugal) | Annulment and Motivation of the Arbitral Award | 16-03-2017 | Case #004

by Guide Arbitration
July 31, 2018January 27, 2020
Annulment Arbitral Award, CASE LAW, Motivation Arbitral Award, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 16-03-2017 Case Nr. 1052/14.1TBBCL.P1.S1 LINK DGSI Headlines: – An arbitral award may only be challenged in an annulment procedure and it is not subject to appeal unless the parties have provided otherwise. – The grounds for the annulment are set forth in an exhaustive manner and the superior courts are… Read More »Supreme Court of Justice (Portugal) | Annulment and Motivation of the Arbitral Award | 16-03-2017 | Case #004

Supreme Court of Justice (Portugal) | Ex Aequo et Bono | Motivation of the Arbitral Award | 22-09-2016 | Case #003

by Guide Arbitration
July 30, 2018January 28, 2020
Annulment Arbitral Award, CASE LAW, Ex Aequo et Bono, Motivation Arbitral Award, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 22-09-2016 Case Nr. 660/15.8YRLSB.L1.S1 LINK DGSI Headlines: The arbitrators shall not be deemed as deciding a case according to “ex aequo et bono” if they are merely applying a substantive legal rule that calls for the decision to be based on a “equity” criterion. The arbitral award should be considered… Read More »Supreme Court of Justice (Portugal) | Ex Aequo et Bono | Motivation of the Arbitral Award | 22-09-2016 | Case #003

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