Portuguese Arbitration

Lisbon Court of Appeal | Right to Appeal | Interlocutory Decisions | 07-05-2019 | Case #091

by Guide Arbitration
May 20, 2019January 19, 2020
Appeal, CASE LAW, Interlocutory Decisions, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 07-05-2019 Case Nr. 2553/18.8YRLSB.L1-2 LINK DGSI Headline: Art. 39(4) of the Portuguese Arbitration Law provides that the right to appeal depends on the parties’ express agreement. However, this regime concerns merely those awards that settle the dispute or a part of it. Therefore, it does not extend to interlocutory arbitral… Read More »Lisbon Court of Appeal | Right to Appeal | Interlocutory Decisions | 07-05-2019 | Case #091

Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | Competence of the Arbitral Tribunal | 02-05-2019 | Case #091

by Guide Arbitration
May 13, 2019January 19, 2020
CASE LAW, Lisbon Court of Appeal, Mandatory Arbitration, Portuguese Arbitration

Lisbon Court of Appeal Date: 02-05-2019 Case Nr. 1956/18.2YRLSB-6 LINK DGSI Headline: In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is prevented from contest the claim by raising an objection grounded in the invalidity of the patent in dispute. Summary: In a mandatory arbitration, the defendant is… Read More »Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | Competence of the Arbitral Tribunal | 02-05-2019 | Case #091

Lisbon Court of Appeal | Insurance Contract | Arbitration Agreement | 07-03-2019 | Case #090

by Guide Arbitration
May 5, 2019January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Insurance Contract, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 07-03-2019 Case Nr. 7459/16.2T8LSB-A.L1-2 LINK DGSI Headline: The insured is not bound by the arbitration agreement inserted in an insurance contract entered into between the insurer and the policyholder. Summary: In the vast majority of cases, the insurance on behalf of another person is a contract to the benefit… Read More »Lisbon Court of Appeal | Insurance Contract | Arbitration Agreement | 07-03-2019 | Case #090

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

by Guide Arbitration
April 5, 2019January 19, 2020
CASE LAW, Lisbon Court of Appeal, Motivation Arbitral Award, Portuguese Arbitration

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

Guimarães Court of Appeal | Supervening Impecuniosity | Ineffectiveness of the Arbitration Agreement | 21-02-2019 | Case #088

by Guide Arbitration
March 26, 2019January 19, 2020
CASE LAW, Enforceability Arbitration Agreement, Guimarães Court of Appeal, Impecuniosity, Kompetenz-Kompetenz, Portuguese Arbitration

Guimarães Court of Appeal Date: 21-02-2019 Case Nr. 317/18.8T8PRT.G1 LINK DGSI Headline: The supervening economic impossibility of the signatories of an arbitration agreement (preventing them from bearing the inevitable costs of such dispute resolution mechanism), may constitute a manifest ineffectiveness of such arbitration agreement. Accordingly, the state court is competent to decide the question… Read More »Guimarães Court of Appeal | Supervening Impecuniosity | Ineffectiveness of the Arbitration Agreement | 21-02-2019 | Case #088

(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

by Guide Arbitration
February 2, 2019January 19, 2020
Arbitration Agreement, CASE LAW, Extension Arbitration Agreement, Group of Companies Doctrine, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 15-01-2019 Case Nr. 28/14.3TBOHP.C1.S1 LINK DGSI Headline: An arbitration agreement may be extended to non-signatory parties that belng to the same group of companies Summary: According to Arts. 406, nr. 2 and 217, nr. 1 of the Portuguese Civil Code, the circumstance that one of the petitioners (a company… Read More »(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

Lisbon Court of Appeal | IBA Guidelines | Conflicts of Interest | 22-01-2019 | Case #086

by Guide Arbitration
February 1, 2019January 19, 2020
CASE LAW, Conflicts of Interest, IBA Guidelines, Lisbon Court of Appeal, Portuguese Arbitration

The IBA Guidelines are American rules, unfit for the European rules, and are useful as any document on ethics, but the parties are not obliged to comply with them, much less the arbitrators.

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

by Guide Arbitration
January 30, 2019January 19, 2020
Arbitrators' Fees, CASE LAW, Due Process, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085 Lisbon Court of Appeal Date: 19-02-2015 Case Nr. 1422/14.5YRLSB.L1-8 LINK DGSI Headlines: In arbitral proceedings, compliance with the due process principles must always be guaranteed. However, the tribunal may decide immediately on certain submitted requests without necessarily hearing the parties,… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83

by Guide Arbitration
January 8, 2019January 19, 2020
CASE LAW, Constitutional Court, Kompetenz-Kompetenz, Portuguese Arbitration, Res judicata, Supreme Court of Justice

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83 Date: 27/11/2018 Case Nr. 1030/12.5TVLSB.L1.S1.S2 Link DGSI HERE Headline It is up to the arbitral tribunal to decide on its own competence even when a previous decision has been challenged via appeal lodged before the… Read More »(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Waiver of the right to challenge the lack of competence | 04-12-2018 | Case #84

by Guide Arbitration
January 8, 2019January 19, 2020
CASE LAW, Enforcement of Arbitral Awards, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice

(Portugal) Supreme Court of Justice Case Nr. 598/17.4YRLSB S1 Date: 04/12/2018 Link DGSI HERE Headlines The arbitral tribunal has competence to decide on its own competence, and the appointment of an arbitrator by a party does not deprive it of later challenge the competence of the arbitral tribunal. Summary: The appellate decision that, in an… Read More »(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Waiver of the right to challenge the lack of competence | 04-12-2018 | Case #84

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