Portuguese Arbitration

Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082

by Guide Arbitration
December 21, 2018January 19, 2020
Annulment Arbitral Award, CASE LAW, Guimarães Court of Appeal, Portuguese Arbitration, Res judicata

Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082 Date: 15-11-2018 Case Nr. 156/18.6YRGMR LINK DGSI Headline: The defects that can justify the action for annulment of the arbitral award are procedural defects equivalent to procedural violations – procedural violations or specific procedures of arbitration proceedings. The… Read More »Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082

(Portugal) Supreme Court of Justice | Negative Effects of the Arbitration Agreement | Hardship | 16-10-2018| Case #081

by Guide Arbitration
November 20, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 16-10-2018 Case Nr. 2258/16.4T8CBR.C1.S1 LINK DGSI Headline: The arbitration agreement produces a negative effect that will force the court judge to dismiss the judicial procedure in which the arbitration agreement was invoked, unless it is manifestly null, inoperable or incapable of producing its effects. An allegation of “just cause” or… Read More »(Portugal) Supreme Court of Justice | Negative Effects of the Arbitration Agreement | Hardship | 16-10-2018| Case #081

(Portugal) Supreme Court of Justice | Enforcement of the Arbitral Award | Res Judicata | Annulment of the Arbitral Award | 04-10-2018 | Case #080

by Guide Arbitration
November 13, 2018January 19, 2020
Annulment Arbitral Award, Application of the New Law, CASE LAW, Enforcement of Arbitral Awards, Portuguese Arbitration, Res judicata, Supreme Court of Justice

Supreme Court of Justice Date: 04-10-2018 Case Nr. 10758/01.4TVLSB-A.L1.S1 LINK DGSI Headline: The Old Arbitration Law (1986) will apply to enforcement procedures initiated before the New Arbitration Law came into force. The Old Arbitration Law provided for the following mechanisms to challenge an arbitral award: (a) annulment procedure; (b) appeal before the Court of Appeals;… Read More »(Portugal) Supreme Court of Justice | Enforcement of the Arbitral Award | Res Judicata | Annulment of the Arbitral Award | 04-10-2018 | Case #080

(Portugal) Supreme Court of Justice | Annulment of the Award | Lack of Motivation | Liquidated Damages | 27-09-2018 | Case #079

by Guide Arbitration
November 13, 2018January 19, 2020
Annulment Arbitral Award, Application of the New Law, CASE LAW, Liquidated Damages, Motivation Arbitral Award, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 27-09-2018 Case Nr. 776/17.6YRLSB.S1 LINK DGSI Headline: In a lawsuit for the annulment of an arbitral award, the appeal against the decision of the Court of Appeals is admissible before the Supreme Court, provided that the appeal deals only with the issue of whether the requisites for that annulment are… Read More »(Portugal) Supreme Court of Justice | Annulment of the Award | Lack of Motivation | Liquidated Damages | 27-09-2018 | Case #079

Lisbon Court of Appeal | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | Kompentenz-Kompetenz | 11-01-2011 | Case #078

by Guide Arbitration
October 9, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Extension Arbitration Agreement, Group of Companies Doctrine, Kompetenz-Kompetenz, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 11-01-2011 Case Nr. 3539/08.6TVLSB.L1 LINK DGSI Headline: The arbitration agreement concluded with a company belonging to the same group of companies only binds the contracting parties, except if a third party later accedes to that agreement. The arbitral tribunal shall be competent to interpret the arbitration clause in order to… Read More »Lisbon Court of Appeal | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | Kompentenz-Kompetenz | 11-01-2011 | Case #078

Supreme Court of Justice (Portugal) | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | 08-09-2011 | Case #077

by Guide Arbitration
October 8, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Extension Arbitration Agreement, Goodwill compensation, Group of Companies Doctrine, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 08-09-2011 Case Nr. 3539/08.6TVLSB.LL.S1 LINK DGSI Headline: In principle, the arbitration agreement binds only the contracting parties but may be enforced against or by an assignee of a contract Summary: 1. In principle, an arbitration agreement contained in a contract only binds the contracting parties. 2. However, and in… Read More »Supreme Court of Justice (Portugal) | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | 08-09-2011 | Case #077

Lisbon Court of Appeal | Arbitration’s Costs | Motivation of the arbitral award | 13-02-2014 | Case #041

by Guide Arbitration
October 6, 2018January 19, 2020
Arbitrators' Fees, CASE LAW, Enforcement of Arbitral Awards, Lisbon Court of Appeal, Motivation Arbitral Award, Portuguese Arbitration

Lisbon Court of Appeal Date: 13-02-2014 Case Nr. 1053/13.7YRLSB-2 LINK DGSI Headline: It is up to the arbitral tribunal to decide on their fees and other costs of the arbitration. It shall not be annulled a final award that does not contain the motivation regarding the factual background that was considered to be proven by… Read More »Lisbon Court of Appeal | Arbitration’s Costs | Motivation of the arbitral award | 13-02-2014 | Case #041

Supreme Court of Justice (Portugal) | State Courts are not Competent to Decide the Validity of an Arbitration Agreement | 09-07-2015 | Case #075

by Guide Arbitration
October 5, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Standard Form Contracts, Supreme Court of Justice

Supreme Court of Justice Date: 09-07-2015 Case Nr. 1770/13.1TVLSB.L1.S1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. The interpretation of any arbitration agreement, such as an arbitration clause, relating to possible and future disputes arising from a specific contractual relationship,… Read More »Supreme Court of Justice (Portugal) | State Courts are not Competent to Decide the Validity of an Arbitration Agreement | 09-07-2015 | Case #075

Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement | 02-06-2015 | Case #073

by Guide Arbitration
October 3, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Standard Form Contracts, Supreme Court of Justice, Swaps, Swaps Arbitration

Supreme Court of Justice Date: 02-06-2015 Case Nr. 1279/14.6TVLSB.S1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. Given that the parties have agreed on arbitration to solve any dispute arising out of the contract they have entered into, and the… Read More »Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement | 02-06-2015 | Case #073

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

by Guide Arbitration
October 2, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Kompetenz-Kompetenz, Porto Court of Appeal, Portuguese Arbitration, Standard Form Contracts, Swaps, Swaps Arbitration

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

« Previous
1
2
3
4
5
6
…
10
Next »