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Portuguese Arbitration

Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement |28-05-2015 | Case #069

Supreme Court of Justice Date: 28-05-2015 Case Nr. 2040/13.0TVLSB.L1.S1 LINK DGSI  Headlines: State courts are not competent to decide the invalidity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. Since the defendant invoked an arbitration agreement in a timely manner, only in cases where such agreement is manifestly invalid, inoperative or ineffective… Read More »Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement |28-05-2015 | Case #069

Lisbon Court of Appeal | Arbitrators’ Fees | 01-07-2014 | Case #064

Lisbon Court of Appeal Date: 01-07-2014 Case Nr. 200/14.6YRLSB-7 LINK DGSI Headline: Complexity of the case, time consumed, (and other) factors must be considered when fixing the arbitrator’s fees.    Summary: When fixing the arbitrators’ fees, it is necessary to consider that this is a proceeding in which issues of high complexity are discussed, involving… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 01-07-2014 | Case #064

Lisbon Court of Appeal | Compulsory Penalty | Motivation of the arbitral award | 13-02-2014 |Case #040

Lisbon Court of Appeal Date: 13-02-2014 Case Nr. 724/13.2YRLSB-8 LINK DGSI Headline: In the absence of an express provision providing jurisdiction, arbitral tribunals cannot impose periodic penalty payments.   Arbitral awards that do not explain relevant facts should be annulled by state courts. Summary: The legitimacy of an arbitral tribunal arises from the will of… Read More »Lisbon Court of Appeal | Compulsory Penalty | Motivation of the arbitral award | 13-02-2014 |Case #040

Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | 21-06-2018 | Case #067

Lisbon Court of Appeal Date: 21-06-2018 Case Nr. 2384/17.2YRLSB.L1-8 LINK DGSI Headline: In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is admitted to contest the claim by raising an objection grounded in the invalidity of the patent in dispute.   Summary: In a mandatory arbitration initiated according… Read More »Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | 21-06-2018 | Case #067

Lisbon Court of Appeal | Arbitrators’ Fees | 10-09-2013 | Case #038

Lisbon Court of Appeal Date: 10-09-2013 Case Nr. 297/13.6YRLSB-7 LINK DGSI   Headline: Arbitrators may consider circumstances such as the complexity of the issues decided, the value of the case and the time spent on arbitral proceedings to determine and fix costs on the parties.   Summary: Under Article 17(2) of the Voluntary Arbitration Act… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 10-09-2013 | Case #038

Supreme Court of Justice (Portugal) | Hierarchical Competent Court to Recognise Foreign Arbitral Awards | 25-02-2014 | Case #037

Supreme Court of Justice Date: 25-02-2014 Case Nr. 29/13.9YRPRT.S1 LINK DGSI Headlines:  In proceedings commenced before the new arbitration law entered into force, all foreign awards and all decisions by foreign courts were to be reviewed and confirmed by Portuguese courts. Similarly, in proceedings commenced after the new arbitration law entered into force, all foreign… Read More »Supreme Court of Justice (Portugal) | Hierarchical Competent Court to Recognise Foreign Arbitral Awards | 25-02-2014 | Case #037

Lisbon Court of Appeal | Arbitrators’ Fees | 06-02-2014 |Case #039

Lisbon Court of Appeal Date: 06-02-2014 Case Nr. 866/13.4YRLSB-2 LINK DGSI   Headline: Parties may challenge the amount of fees and expenses fixed by arbitrators in the state court. However, this right is lost if the parties have shown explicit signs of accepting the fees set by arbitrators in the terms of reference.   Summary:… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 06-02-2014 |Case #039

Supreme Court of Justice (Portugal) | Application of the Code of Civil Procedure to Arbitral Proceedings | Due Process | 10-12-2015 | Case #042

Supreme Court of Justice Date: 10-12-2015 Case Nr. 3486/12.7TBLRA.C1.S1 LINK DGSI Headline: Arbitrators may dispense with the requirement of taking personal testimony from both parties.   Summary: The arbitrator, as a well-informed and impartial judge, has to decide the question that the parties ask of him by relying on the best interpretation of the law… Read More »Supreme Court of Justice (Portugal) | Application of the Code of Civil Procedure to Arbitral Proceedings | Due Process | 10-12-2015 | Case #042

Supreme Court of Justice (Portugal) | Appeal against the Arbitral Award | 10-11-2016| Case #043

Supreme Court of Justice Date: 10-11-2016 Case Nr. 1052/14.1TBBCL.P1.S1 LINK DGSI Headline: Appeal of the annulment of an award should evaluate the specific grounds used to annul the award; and a review of the merits of the judgement should not be done.   Summary: The rule contained in no. 1 of Art. 671 of the… Read More »Supreme Court of Justice (Portugal) | Appeal against the Arbitral Award | 10-11-2016| Case #043

Lisbon Court of Appeal | Appeal and Waiver of the Right to Appeal | Annulment of Arbitral Award | 04-06-2013 | Case #045

Lisbon Court of Appeal Date: 04-06-2013 Case Nr. 2548/10.0TVLSB.L1-7 LINK DGSI Headline: Courts may annul the award if basic procedural principles are violated, i.e. internal contradiction within the award, failure to treat the parties equally or lack of reasoning behind the decision.  Summary: I – In view of the legal inadmissibility, due to the waiver… Read More »Lisbon Court of Appeal | Appeal and Waiver of the Right to Appeal | Annulment of Arbitral Award | 04-06-2013 | Case #045