Scope of jurisdiction

Lisbon Court of Appeal | Arbitration in Medicine Patents Disputes | Mandatory Arbitration | Competence of the Arbitral Tribunal to Hear Claim on the Invalidity of the Patent| Case #110

by Guide Arbitration
June 3, 2020May 19, 2020
Arbitration in Patent Disputes, Blog Post, Blog Posts, CASE LAW, Due Process, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Nullity of the Patent, Portuguese Arbitration, Scope of jurisdiction

Case nr. 772/19.9YRLSB-607-05-2020LINK DGSI Summary: I- The mandatory arbitral tribunal provided for in Law No. 62/2011 shall have jurisdiction to examine, by way of a limited exception to a peremptory rule, the question of the invalidity of the patent or Supplementary Protection Certificate relating to the medicines, where such invalidity is argued as a defence,… Read More »Lisbon Court of Appeal | Arbitration in Medicine Patents Disputes | Mandatory Arbitration | Competence of the Arbitral Tribunal to Hear Claim on the Invalidity of the Patent| Case #110

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

by Guide Arbitration
May 14, 2020May 13, 2020
CASE LAW, Jurisdiction of Tax Arbitral Tribunals, NEWS|EVENTS|POSTS, Posts, Scope of jurisdiction, South Central Administrative Court, Tax Arbitration

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

Porto Court of Appeal | Scope of the Arbitration Agreement | Validity Ratione Temporis | 03-11-2014 | Case #055

by Guide Arbitration
September 8, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Kompetenz-Kompetenz, Portuguese Arbitration, Scope of jurisdiction

Porto Court of Appeal Date: 03-11-2014 Case Nr. 156/14.5TTMAI.P1 LINK DGSI Headline: The expiration of a contract does not entail the invalidy of the arbitration agreement inserted in such contract. Summary: A sports employment contract requires a certain level of formalities. The interpretation of its clauses may not lead to a conclusion that does… Read More »Porto Court of Appeal | Scope of the Arbitration Agreement | Validity Ratione Temporis | 03-11-2014 | Case #055

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

Porto Court of Appeal | Jurisdiction of Sports Arbitration Court | 27-06-2018 | Case #008

by Guide Arbitration
August 4, 2018January 19, 2020
CASE LAW, Court of Arbitration for Sports, Porto Court of Appeal, Portuguese Arbitration, Scope of jurisdiction

Porto Court of Appeal Date: 27-06-2018 Case Nr. 64161/17.9YIPRT.P1 LINK DGSI This case summary was kindly prepared by Rishabh Raheja, (rishabharaheja@gmail.com, NALSAR University of Law), Sameer Thakur (sameerthakur@live.in, NALSAR University of Law), and Abhishek Babbar (abhishekbabbar1996@gmail) Headlines: The Sports Arbitration Court (TAD) does not have the jurisdiction to decide on purely private matters that contain… Read More »Porto Court of Appeal | Jurisdiction of Sports Arbitration Court | 27-06-2018 | Case #008