Separability of the Arbitration Agreement

Lisbon Court of Appeal | Insurance Contract | Extension of the Arbitration Clause to the Beneficiary of the Insurance | Autonomy of the Arbitration Agreement| Case #111

by Guide Arbitration
June 4, 2020May 19, 2020
Arbitration Agreement, Autonomy of the Arbitration Clause, Blog Post, Blog Posts, CASE LAW, Enforceability Arbitration Agreement, Extension Arbitration Agreement, Insurance Contract, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Separability of the Arbitration Agreement, Tacit Consent to Arbitrate

Case nr. 6036/17.5T8LSB.L1-05-05-2020LINK DGSI Summary: I- Insurance contracts are assumed to be contracts in favour of a third party, in which the policyholder acts on behalf of a determined or indeterminate insured person; II- In such cases, the insured person is not a party to the contract, but is a third-party beneficiary. The means of… Read More »Lisbon Court of Appeal | Insurance Contract | Extension of the Arbitration Clause to the Beneficiary of the Insurance | Autonomy of the Arbitration Agreement| Case #111

Supreme Court of Justice (Portugal) | Separability of the Arbitration Agreement | 06-04-2017 | Case #053

by Guide Arbitration
September 7, 2018January 19, 2020
CASE LAW, Portuguese Arbitration, Separability of the Arbitration Agreement, Supreme Court of Justice

Supreme Court of Justice Date: 06-04-2017 Case Nr. 416/16.0YRLSB.S1 LINK DGSI Headline: Where an arbitration agreement is an integral part of a contract, and that contract has not received necessary signature, the arbitration agreement is non-existent despite its autonomy. Summary: Where there is a breach of the rules of substantive jurisdiction, in particular of… Read More »Supreme Court of Justice (Portugal) | Separability of the Arbitration Agreement | 06-04-2017 | Case #053