Supreme Court of Justice

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

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

by Guide Arbitration
May 22, 2020May 23, 2020
Arbitration Agreement, CASE LAW, Extension Arbitration Agreement, Group of Companies Doctrine, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts, Supreme Court of Justice, Tacit Consent to Arbitrate

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

by Guide Arbitration
May 17, 2020May 13, 2020
Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Enforceability Arbitration Agreement, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts, Supreme Court of Justice

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

Supreme Court of Justice | Interpretation of the Arbitration Agreement | Kompetenz-Kompetenz | Inoperativeness of the Arbitration Clause | Lack of Financial Means| Case #98

by Guide Arbitration
December 2, 2019January 27, 2020
Arbitration Agreement, CASE LAW, Impecuniosity, Inoperativeness Arbitration Agreement, Interpretation, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice

Case nr. 8927/18.7T8LSB-A.L1.S1 12-11-2019 LINK DGSI Headline: An arbitration agreement is interpreted according to the rules that apply to the interpretation of contracts. The arbitral tribunal is competent to decide upon its own competence. The impecuniosity of a party may be grounds to refuse the enforcement of an arbitration agreement if that impecuniosity is not… Read More »Supreme Court of Justice | Interpretation of the Arbitration Agreement | Kompetenz-Kompetenz | Inoperativeness of the Arbitration Clause | Lack of Financial Means| Case #98

(Portugal) Supreme Court of Justice | Counterclaim – Admissibility | 14-05-2019| Case #93

by Guide Arbitration
June 26, 2019January 19, 2020
CASE LAW, Counterclaim | Admissibility, Portuguese Arbitration, Supreme Court of Justice

(Portugal) Supreme Court of Justice | Counterclaim – Admissibility | 14-05-2019| Case #93 Case nr. 1296/17.4YRLSB.S1 LINK DGSI Headline: According to Art. 33(4) of the Portuguese Arbitration Law, the admissibility of a counterclaim depends on the subject matter being or not envisaged in the arbitration agreement. Given that the parties agreed on computing the final… Read More »(Portugal) Supreme Court of Justice | Counterclaim – Admissibility | 14-05-2019| Case #93

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Standard Form Contracts | Swaps | 14-05-2019 | Case #92

by Guide Arbitration
June 26, 2019January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice, Swaps, Swaps Arbitration

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Standard Form Contracts | Swaps | 14-05-2019 | Case #92 Case nr. 2741/16.1T8PTM.L1.S1 LINK DGSI Headline: Even though there is no express arbitration agreement in the contract, the mere reference to a framework contract which contains in itself an arbitration clause is deemed to be construed as… Read More »(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Standard Form Contracts | Swaps | 14-05-2019 | Case #92

(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

by Guide Arbitration
February 2, 2019January 19, 2020
Arbitration Agreement, CASE LAW, Extension Arbitration Agreement, Group of Companies Doctrine, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 15-01-2019 Case Nr. 28/14.3TBOHP.C1.S1 LINK DGSI Headline: An arbitration agreement may be extended to non-signatory parties that belng to the same group of companies Summary: According to Arts. 406, nr. 2 and 217, nr. 1 of the Portuguese Civil Code, the circumstance that one of the petitioners (a company… Read More »(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83

by Guide Arbitration
January 8, 2019January 19, 2020
CASE LAW, Constitutional Court, Kompetenz-Kompetenz, Portuguese Arbitration, Res judicata, Supreme Court of Justice

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83 Date: 27/11/2018 Case Nr. 1030/12.5TVLSB.L1.S1.S2 Link DGSI HERE Headline It is up to the arbitral tribunal to decide on its own competence even when a previous decision has been challenged via appeal lodged before the… Read More »(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Waiver of the right to challenge the lack of competence | 04-12-2018 | Case #84

by Guide Arbitration
January 8, 2019January 19, 2020
CASE LAW, Enforcement of Arbitral Awards, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice

(Portugal) Supreme Court of Justice Case Nr. 598/17.4YRLSB S1 Date: 04/12/2018 Link DGSI HERE Headlines The arbitral tribunal has competence to decide on its own competence, and the appointment of an arbitrator by a party does not deprive it of later challenge the competence of the arbitral tribunal. Summary: The appellate decision that, in an… Read More »(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Waiver of the right to challenge the lack of competence | 04-12-2018 | Case #84