Supreme Court of Justice

(Portugal) Supreme Court of Justice | Negative Effects of the Arbitration Agreement | Hardship | 16-10-2018| Case #081

by Guide Arbitration
November 20, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 16-10-2018 Case Nr. 2258/16.4T8CBR.C1.S1 LINK DGSI Headline: The arbitration agreement produces a negative effect that will force the court judge to dismiss the judicial procedure in which the arbitration agreement was invoked, unless it is manifestly null, inoperable or incapable of producing its effects. An allegation of “just cause” or… Read More »(Portugal) Supreme Court of Justice | Negative Effects of the Arbitration Agreement | Hardship | 16-10-2018| Case #081

(Portugal) Supreme Court of Justice | Enforcement of the Arbitral Award | Res Judicata | Annulment of the Arbitral Award | 04-10-2018 | Case #080

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November 13, 2018January 19, 2020
Annulment Arbitral Award, Application of the New Law, CASE LAW, Enforcement of Arbitral Awards, Portuguese Arbitration, Res judicata, Supreme Court of Justice

Supreme Court of Justice Date: 04-10-2018 Case Nr. 10758/01.4TVLSB-A.L1.S1 LINK DGSI Headline: The Old Arbitration Law (1986) will apply to enforcement procedures initiated before the New Arbitration Law came into force. The Old Arbitration Law provided for the following mechanisms to challenge an arbitral award: (a) annulment procedure; (b) appeal before the Court of Appeals;… Read More »(Portugal) Supreme Court of Justice | Enforcement of the Arbitral Award | Res Judicata | Annulment of the Arbitral Award | 04-10-2018 | Case #080

(Portugal) Supreme Court of Justice | Annulment of the Award | Lack of Motivation | Liquidated Damages | 27-09-2018 | Case #079

by Guide Arbitration
November 13, 2018January 19, 2020
Annulment Arbitral Award, Application of the New Law, CASE LAW, Liquidated Damages, Motivation Arbitral Award, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 27-09-2018 Case Nr. 776/17.6YRLSB.S1 LINK DGSI Headline: In a lawsuit for the annulment of an arbitral award, the appeal against the decision of the Court of Appeals is admissible before the Supreme Court, provided that the appeal deals only with the issue of whether the requisites for that annulment are… Read More »(Portugal) Supreme Court of Justice | Annulment of the Award | Lack of Motivation | Liquidated Damages | 27-09-2018 | Case #079

Supreme Court of Justice (Portugal) | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | 08-09-2011 | Case #077

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October 8, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Extension Arbitration Agreement, Goodwill compensation, Group of Companies Doctrine, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 08-09-2011 Case Nr. 3539/08.6TVLSB.LL.S1 LINK DGSI Headline: In principle, the arbitration agreement binds only the contracting parties but may be enforced against or by an assignee of a contract Summary: 1. In principle, an arbitration agreement contained in a contract only binds the contracting parties. 2. However, and in… Read More »Supreme Court of Justice (Portugal) | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | 08-09-2011 | Case #077

Supreme Court of Justice (Portugal) | State Courts are not Competent to Decide the Validity of an Arbitration Agreement | 09-07-2015 | Case #075

by Guide Arbitration
October 5, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Standard Form Contracts, Supreme Court of Justice

Supreme Court of Justice Date: 09-07-2015 Case Nr. 1770/13.1TVLSB.L1.S1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. The interpretation of any arbitration agreement, such as an arbitration clause, relating to possible and future disputes arising from a specific contractual relationship,… Read More »Supreme Court of Justice (Portugal) | State Courts are not Competent to Decide the Validity of an Arbitration Agreement | 09-07-2015 | Case #075

Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement | 02-06-2015 | Case #073

by Guide Arbitration
October 3, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Standard Form Contracts, Supreme Court of Justice, Swaps, Swaps Arbitration

Supreme Court of Justice Date: 02-06-2015 Case Nr. 1279/14.6TVLSB.S1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. Given that the parties have agreed on arbitration to solve any dispute arising out of the contract they have entered into, and the… Read More »Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement | 02-06-2015 | Case #073

Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement |28-05-2015 | Case #069

by Guide Arbitration
September 29, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Standard Form Contracts, Supreme Court of Justice, Swaps, Swaps Arbitration

Supreme Court of Justice Date: 28-05-2015 Case Nr. 2040/13.0TVLSB.L1.S1 LINK DGSI Headlines: State courts are not competent to decide the invalidity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. Since the defendant invoked an arbitration agreement in a timely manner, only in cases where such agreement is manifestly invalid, inoperative or ineffective… Read More »Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement |28-05-2015 | Case #069

Supreme Court of Justice (Portugal) | Hierarchical Competent Court to Recognise Foreign Arbitral Awards | 25-02-2014 | Case #037

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September 23, 2018January 19, 2020
CASE LAW, Hierarchical Jurisdiction, Portuguese Arbitration, Recognition of Foreign Arbitral Awards, Supreme Court of Justice

Supreme Court of Justice Date: 25-02-2014 Case Nr. 29/13.9YRPRT.S1 LINK DGSI Headlines: In proceedings commenced before the new arbitration law entered into force, all foreign awards and all decisions by foreign courts were to be reviewed and confirmed by Portuguese courts. Similarly, in proceedings commenced after the new arbitration law entered into force, all foreign… Read More »Supreme Court of Justice (Portugal) | Hierarchical Competent Court to Recognise Foreign Arbitral Awards | 25-02-2014 | Case #037

Supreme Court of Justice (Portugal) | Application of the new Arbitration Act ratione temporis | Appeal and Setting Aside | 13-07-2017 | Case #044

by Guide Arbitration
September 21, 2018January 19, 2020
Annulment Arbitral Award, Appeal, CASE LAW, Supreme Court of Justice

Supreme Court of Justice Date: 13-07-2017 Case Nr. 2455/13.4YYLSB-A.L1.S1 LINK DGSI Headline: Arbitrations commenced before the 2011 LAV entered into force, regardless of when the arbitral award is rendered. Examination of the merits of the arbitral award is possible when the award is under appeal, but not under actions for setting aside, or in an… Read More »Supreme Court of Justice (Portugal) | Application of the new Arbitration Act ratione temporis | Appeal and Setting Aside | 13-07-2017 | Case #044

Supreme Court of Justice (Portugal) | Application of the Code of Civil Procedure to Arbitral Proceedings | Due Process | 10-12-2015 | Case #042

by Guide Arbitration
September 20, 2018January 19, 2020
CASE LAW, Code Civil Procedure, Due Process, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 10-12-2015 Case Nr. 3486/12.7TBLRA.C1.S1 LINK DGSI Headline: Arbitrators may dispense with the requirement of taking personal testimony from both parties. Summary: The arbitrator, as a well-informed and impartial judge, has to decide the question that the parties ask of him by relying on the best interpretation of the law… Read More »Supreme Court of Justice (Portugal) | Application of the Code of Civil Procedure to Arbitral Proceedings | Due Process | 10-12-2015 | Case #042