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Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109

Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109Case nr. 415/18.8T8SNT.L1-205-03-2020LINK DGSI Headline: In a case where the formal validity of the arbitration agreement or its application to the actual dispute between the parties is not at stake, it is only when… Read More »Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109

Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108

Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108Case nr. 1577/18.0YRLSB-111-02-2020LINK DGSI Summary: I- Non-compliance or defective fulfilment of the duty to disclose shall not in itself constitute grounds for disqualification of the arbitrator, and it… Read More »Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108

Lisbon Appeal Court | Time Limit to Seek Annulment | Annulment of Arbitral Awards | Vexatious Litigation | Litigate in Bad Faith | Limitation Period | Bad Faith’s Litigation | IBA Guidelines | Independence and Impartiality | Case #107

Lisbon Appeal Court | Time Limit to Seek Annulment | Annulment of Arbitral Awards | Vexatious Litigation | Litigate in Bad Faith | Limitation Period | Bad Faith’s Litigation | IBA Guidelines | Independence and Impartiality | Case #107Case nr. 661/18.4YRLSB-223-01-2020LINK DGSI Headline: The period for the annulment of an arbitration action is a procedural… Read More »Lisbon Appeal Court | Time Limit to Seek Annulment | Annulment of Arbitral Awards | Vexatious Litigation | Litigate in Bad Faith | Limitation Period | Bad Faith’s Litigation | IBA Guidelines | Independence and Impartiality | Case #107

Lisbon Court of Appeal | Kompetenz-Kompetenz | 13-09-2018 | Case #106

Lisbon Court of Appeal | Disregard of the Arbitration Clause| 13-09-2018 | Case #106Case nr. 2741/16.1T8PTM.L1-213-09-2018LINK DGSI Headline: The law attributes to the arbitral tribunal the competence, in the first place, to assess its competence to resolve a conflict. That is, confronted, on a timely basis by the defendant, with the invocation of an arbitration… Read More »Lisbon Court of Appeal | Kompetenz-Kompetenz | 13-09-2018 | Case #106

Lisbon Appeal Court | Annulment of Arbitral Awards | Lack of Motivation | 16-05-2019 | Case #105

Case nr. 2470/18.1YRLSB.L1-816-05-2019LINK DGSI Summary:                                                           I- Article 46(3)(a) of the Law on Voluntary Arbitration (LAV) establishes the grounds on which an arbitral award may be annulled by the State Court; II- There is no violation of the right of defense of the Parties, as protected in Article 30(1) of the LAV, in the event that… Read More »Lisbon Appeal Court | Annulment of Arbitral Awards | Lack of Motivation | 16-05-2019 | Case #105

Supreme Court of Justice | Group of Companies| Arbitration Agreement | Tacit Consent to Arbitrate | Case #104

Supreme Court of Justice | Group of Companies| Arbitration Agreement | Tacit Consent to Arbitrate | Case #104Case nr. 28/14.3TBOHP.C1.S115-01-2019LINK DGSI Headline: The parties’ agreement to submit the resolution of one or more determined or determinable disputes to arbitration constitutes an arbitration agreement. Voluntary arbitration is therefore based on the arbitration agreement. In addition, the… Read More »Supreme Court of Justice | Group of Companies| Arbitration Agreement | Tacit Consent to Arbitrate | Case #104

(Portugal) Supreme Court of Justice | Disregard of the arbitration clause | Appeal before the Supreme Court of Justice| Case #102

Disregard of the arbitration clause | Appeal before the Supreme Court of Justice|Case nr. 22574/16.4TB8LSB.L1.S108-11-2018LINK DGSI Summary: I- The existence of an arbitral tribunal established by virtue of an arbitration clause is a determining factor in the absolute lack of jurisdiction of the court, pursuant to Article 96(b) of the Code of Civil Procedure. II-… Read More »(Portugal) Supreme Court of Justice | Disregard of the arbitration clause | Appeal before the Supreme Court of Justice| Case #102

Central Administrative Court | Jurisdiction of Tax Arbitral Tribunals| 27-09-2018 | Case #101

Central Administrative Court | Jurisdiction of Tax Arbitral Tribunals| 27-09-2018 | Case #101Case nr. 9933/16.1BCLSB27-09-2018LINK DGSI Headline: According to the tax arbitration regime, the following claims are covered by the jurisdiction of arbitral tribunals: (a) the declaration of illegality of tax settlements, self-assessments, withholding of tax and payments on account; (b) the declaration of illegality… Read More »Central Administrative Court | Jurisdiction of Tax Arbitral Tribunals| 27-09-2018 | Case #101

The New Arbitration Portugal Portal is out now!

The Online Guide to Portuguese Arbitration Promoting Portugal as a safe venue for International Arbitration   The old website “arbitration.pt” has just been replaced by an entirely new “Arbitration Portugal” website. The new website is completely redesigned and it is lodged in a new platform that allows better communication and interaction with users. Keep updated… Read More »The New Arbitration Portugal Portal is out now!

Why Arbitrate in Portugal? Reason 8 – Internationally Oriented Community

International Arbitration & Portugal Internationally Oriented Community International arbitration in Portugal has taken off in recent years, and as previous posts have discussed, there are a wide variety of compelling reasons why this has been the case. Past posts have touched upon some aspects of how Portugal is internationally oriented in terms of the longstanding… Read More »Why Arbitrate in Portugal? Reason 8 – Internationally Oriented Community