Public Policy

Supreme Court of Justice | Recognition of Foreign Arbitral Awards | Public Policy | Case #133

by Guide Arbitration
July 8, 2023August 12, 2023
Blog Post, Blog Posts, CASE LAW, Enforcement of Arbitral Awards, New York Convention 1958, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts, Public Policy, Recognition of Foreign Arbitral Awards, Res judicata, Supreme Court of Justice

Case 991/20.5YRLSB.S1 22-06-2023 Link to DGSI Summary: I. The judgment rendered in a special action for the recognition of a foreign arbitral award is subject to a review appeal to the Supreme Court under the provisions of Article 671(1) of the Code of Civil Procedure (CPC) because the Court of Appeal acts exceptionally not as… Read More »Supreme Court of Justice | Recognition of Foreign Arbitral Awards | Public Policy | Case #133

Supreme Court of Justice |Penalty Clause | International Public Policy of the Portuguese State | Case #116

by Guide Arbitration
December 11, 2020December 11, 2020
Annulment Arbitral Award, CASE LAW, International Public Policy, Liquidated Damages, New York Convention 1958, NEWS|EVENTS|POSTS, Penalty Clauses, Public Policy, Supreme Court of Justice

Supreme Court of Justice |Penalty Clause | International Public Policy of the Portuguese State | Case #116Case nr. 2004/08.6TVLSB.L2.S110-11-2020LINK DGSI Summary: I. Having determined that the stipulation of the parties is a penalty clause of a reparatory and coercive nature and upheld that the payment of the amount established therein, corresponding to 15.6% of the… Read More »Supreme Court of Justice |Penalty Clause | International Public Policy of the Portuguese State | Case #116

Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99

by Guide Arbitration
February 5, 2020February 5, 2020
CASE LAW, contract obtained by corruption, International Public Policy, Lisbon Court of Appeal, Public Policy, Recognition of Foreign Arbitral Awards

Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99 Case nr. 1667/18.9YRLSB-B.L1-2 25-03-2019 and 10-10-2019 LINKS DGSI HERE and HERE Headline: The stay of a recognition procedure should be granted without the payment of a security when the factual background of the case… Read More »Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99

Supreme Court of Justice (Portugal) | International Public Policy | Good Will Compensation | Distribution Agreement | 23-10-2014 | Case #058

by Guide Arbitration
September 11, 2018January 19, 2020
CASE LAW, Goodwill compensation, International Public Policy, Portuguese Arbitration, Public Policy, Supreme Court of Justice

Supreme Court of Justice Date: 23-10-2014 Case Nr. 1036/12.4YRLSB.S1 LINK DGSI Headline: International public policy of the Portuguese State is a vague, fluid and imprecise concept, but it can be defined as an amalgamation of basic values and dominant concepts of social, ethical, political and economic principles and rules that the decision-maker must, in each… Read More »Supreme Court of Justice (Portugal) | International Public Policy | Good Will Compensation | Distribution Agreement | 23-10-2014 | Case #058

Supreme Court of Justice (Portugal) | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 14-03-2013 | Case #0031

by Guide Arbitration
August 20, 2018January 19, 2020
CASE LAW, International Public Policy, Liquidated Damages, New York Convention 1958, Portuguese Arbitration, Public Policy, Recognition of Foreign Arbitral Awards, Supreme Court of Justice

Supreme Court of Justice Date: 14-03-2013 Case Nr. 7328/10.0TBOER.L1.S1 LINK (external) RELATED CASE – Lisbon Court of Appeal | 12-07-2012| Case #030 Headlines: The recognition and enforcement of a foreign arbitral award may only be refused if it is manifestly contrary to the principles of international public policy of Portugal. If the agreement was freely… Read More »Supreme Court of Justice (Portugal) | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 14-03-2013 | Case #0031

Lisbon Court of Appeal | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 12-07-2012 | Case #0030

by Guide Arbitration
August 19, 2018January 19, 2020
CASE LAW, International Public Policy, Liquidated Damages, Lisbon Court of Appeal, Portuguese Arbitration, Public Policy

Lisbon Court of Appeal Date: 12-07-2012 Case Nr. 7328/10.0TBOER.L1-1 LINK DGSI Related CASE: Supreme Court of Justice | 14-03-2013 | Case #031 Headline: Evidences of the circumstances set forth in Art. V(1) of the NYC shall be introduced within 10 days after the respondent has been summoned. Liquidated damages clauses are not contrary to the… Read More »Lisbon Court of Appeal | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 12-07-2012 | Case #0030

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) | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 14-03-2017 | Case #012

by Guide Arbitration
August 8, 2018January 19, 2020
Annulment Arbitral Award, CASE LAW, International Public Policy, Liquidated Damages, New York Convention 1958, Portuguese Arbitration, Public Policy, Supreme Court of Justice

Supreme Court of Justice Date: 14-03-2017 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award enforcing a penal clause of such high magnitude that it impairs the personal and economic freedoms of a party is incompatible with the international public order of Portugal, and is therefore unenforceable. Summary: The fact that the New York Convention… Read More »Supreme Court of Justice (Portugal) | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 14-03-2017 | Case #012

Lisbon Court of Appeal | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 02-06-2016 | Case #0011

by Guide Arbitration
August 7, 2018January 19, 2020
Annulment Arbitral Award, CASE LAW, International Public Policy, Liquidated Damages, Lisbon Court of Appeal, New York Convention 1958, Portuguese Arbitration, Public Policy

Lisbon Court of Appeal Date: 02-06-2016 Case Nr. 103/13.1YRLSB-2 LINK DGSI Headline: A foreign award that imposes a disproportionate and excessive penalty on a party is manifestly inconsistent with the international public order of Portugal, and is therefore unenforceable by a Portuguese court. Summary: Prior to enforcement of the award, the court must satisfy itself… Read More »Lisbon Court of Appeal | International Public Policy of Portugal | Excessive Liquidated Damages | Abuse of Rights | 02-06-2016 | Case #0011

Supreme Court of Justice (Portugal)| Swaps & Public Policy | 29-01-2015 | Case #005

by Guide Arbitration
August 1, 2018January 27, 2020
CASE LAW, Public Policy, Supreme Court of Justice, Swaps, Swaps Arbitration

Supreme Court of Justice Date: 29-01-2015 Case Nr. 531/11.7TVLSB.L1.S1 LINK DGSI Headlines – A swap (interest rate swap) contract must be considered as a mere speculation with no actual and serious connection to an underlying relationship, making it contrary to the fundamental principles of our community, unfit to perform any serious function, and therefore contrary… Read More »Supreme Court of Justice (Portugal)| Swaps & Public Policy | 29-01-2015 | Case #005