Portuguese Arbitration

Coimbra Court of Appeal | New York Convention 1958 | Recognition of Arbitral Awards | Arbitration Clause inserted in a Standard Form Contract | 19-06-2013 | Case #0028

by Guide Arbitration
August 17, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Coimbra Court of Appeal, New York Convention 1958, Portuguese Arbitration, Recognition of Foreign Arbitral Awards

Coimbra Court of Appeal Date: 19-06-2013 Case Nr. 1630/06.2YRCBR.C2 LINK DGSI RELATED CASE #036 (Supreme Court of Justice) Headline: A party wishing to rely on an arbitration clause inserted in a standard form contract must show that that clause was subjected to bargain between the parties, under penalty of nullity. The state court before… Read More »Coimbra Court of Appeal | New York Convention 1958 | Recognition of Arbitral Awards | Arbitration Clause inserted in a Standard Form Contract | 19-06-2013 | Case #0028

Lisbon Court of Appeal | New York Convention 1958 | Recognition before Enforcement | 08-06-2010 | Case #0027

by Guide Arbitration
August 16, 2018January 19, 2020
CASE LAW, Lisbon Court of Appeal, Portuguese Arbitration, Recognition of Foreign Arbitral Awards

Lisbon Court of Appeal Date: 08-06-2010 Case Nr. 243/10.9YRLSB-7 LINK DGSI Headline: An arbitral award rendered in a country party to the New York Convention needs to be recognised in Portugal before it is enforced. Summary: A foreign arbitral award is not automatically enforceable within the Portuguese jurisdiction without being subjected to a prior revision… Read More »Lisbon Court of Appeal | New York Convention 1958 | Recognition before Enforcement | 08-06-2010 | Case #0027

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 29-09-2015 | Case #0020

by Guide Arbitration
August 16, 2018January 19, 2020
CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 29-09-2015 Case Nr. 827/15.9YRLSB-1 LINK DGSI Headline: Non-disclosure of relevant circumstances may lead to justifiable doubts against an arbitrators independence and impartiality. Summary: The arbitrator did not disclose at the time of his nomination or appointment: his previous participation in identical or similar arbitrations, as well as the opinion… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 29-09-2015 | Case #0020

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 24-03-2015 | Case #019

by Guide Arbitration
August 15, 2018January 19, 2020
CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 24-03-2015 Case Nr. 1361/14.0YRLSB.L1-1 LINK DGSI Headline: Arbitrator can be disqualified for being repeatedly appointed by same party/law firm if the circumstances in question give rise to justifiable doubts. Provisions under IBA Guidelines on the Conflict of Interest in International Arbitration 2004, Orange List (3.1.3, 3.1.5 and 3.3.7) were referred… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 24-03-2015 | Case #019

Supreme Court of Justice (Portugal) | New York Convention 1958 | Recognition before Enforcement | 19-03-2009 | Case #0026

by Guide Arbitration
August 15, 2018January 19, 2020
CASE LAW, New York Convention 1958, Portuguese Arbitration, Recognition of Foreign Arbitral Awards, Supreme Court of Justice

Supreme Court of Justice Date: 19-03-2009 Case Nr. 299/09 LINK DGSI DGSI does not provide a link to this case, which can be found in “Colectânea de Jurisprudência – Acs. Supremo Tribunal de Justiça”, 2009, nº 214, Vol. I, p. 147 to 149 Headline: An arbitral award rendered in a country party to the New… Read More »Supreme Court of Justice (Portugal) | New York Convention 1958 | Recognition before Enforcement | 19-03-2009 | Case #0026

Supreme Court of Justice (Portugal) | Territorial Jurisdiction of the Courts of Appeal | Res judicata | Seat of Arbitration |06-09-2016 | Case #0018

by Guide Arbitration
August 14, 2018January 19, 2020
CASE LAW, Portuguese Arbitration, Res judicata, Seat of Arbitration, Supreme Court of Justice, Territorial jurisdiction

Supreme Court of Justice Date: 06-09-2016 Case Nr. 158/15.4YRCBR.S1 LINK DGSI Headline: As per Art. 39(1) of the LAV, the jurisdiction to appoint arbitrators lies with the court situated in the ‘seat of arbitration’. The time-limit to file an application for setting aside an award is a ‘judicial deadline’, and does not lead to extinction… Read More »Supreme Court of Justice (Portugal) | Territorial Jurisdiction of the Courts of Appeal | Res judicata | Seat of Arbitration |06-09-2016 | Case #0018

Supreme Court of Justice (Portugal) | Kompetenz-Kompetenz | 21-06-2016 | Case #0016

by Guide Arbitration
August 12, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice, Swaps, Swaps Arbitration

Supreme Court of Justice Date: 21-06-2016 Case Nr. 301/14.0TVLSB.L1.S1 LINK DGSI Headline: The court may refuse to refer the parties to the arbitral tribunal only where the arbitration agreement is manifestly null and void. Summary: 1. In assessing objections to the jurisdiction of the arbitral tribunal, the court must act with restraint, and give the… Read More »Supreme Court of Justice (Portugal) | Kompetenz-Kompetenz | 21-06-2016 | Case #0016

Lisbon Court of Appeal | Arbitrators’ Fees | 14-07-2016 | Case #0015

by Guide Arbitration
August 11, 2018January 19, 2020
Arbitrators' Fees, CASE LAW, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 14-07-2016 Case Nr. 660/16.0YRLSB-2 LINK DGSI Headline: In the absence of a prior agreement of the parties, arbitrators can decide on their own fees. Summary: 1. As per Art. 17 (2) of the Voluntary Arbitration Act (VAL), in the absence of an agreement between the parties, the arbitrators can decide… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 14-07-2016 | Case #0015

Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

by Guide Arbitration
August 10, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Lisbon Court of Appeal, Portuguese Arbitration, Public Policy, Scope of jurisdiction, Standard Form Contracts, Swaps, Swaps Arbitration

Lisbon Court of Appeal Date: 05-11-2015 Case Nr. 2672-14.0T8LSB.L1-6 LINK DGSI Headlines: An arbitration clause in a framework agreement is applicable to contracts concluded under it. The failure to raise objections to the court’s jurisdiction on a dispute arising from one contract does not deprive a party of its right to raise such a defence… Read More »Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

Supreme Court of Justice (Portugal) | Ultra Petita| IBA Rules on the Taking of Evidence | 12-07-2018 | Case #0013

by Guide Arbitration
August 9, 2018January 19, 2020
CASE LAW, IBA Rules Taking of Evidence, Lisbon Court of Appeal, Portuguese Arbitration, Ultra Petitum

Lisbon Court of Appeal Date: 12-07-2018 Case Nr. 1254/17.9YRLSB-L1-2 LINK DGSI Headline: An award can be successfully challenged under Art. 46/3 (Arbitration Act) when parties have been treated unequally & that inequality had a decisive effect on the decision. Summary: Similar to other jurisdictions, the production of evidence is not governed by the LAV, but… Read More »Supreme Court of Justice (Portugal) | Ultra Petita| IBA Rules on the Taking of Evidence | 12-07-2018 | Case #0013

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