The Online Guide
The Online Guide to Portuguese Arbitration aims at providing information and high-level advice on arbitration in Portugal or any arbitration with a Portuguese element.
It takes into consideration the nuances and specificities of the Portuguese jurisdiction and the legal framework applicable to this mechanism of dispute resolution, particularly as set out in the Portuguese Voluntary Arbitration Law (PAL – Law 63/2011 of 14 December 2011).
The online guide is divided into 12 chapters.
The way a dispute is conducted and settled relies greatly in the way the dispute resolution clause is inked in. There are several initial options to consider when doing so. See also the formal requirements and sample clauses, including a template of a complex “ad hoc” arbitration clause.
This section deals with the recognition and enforcement of international arbitral awards. It addresses also a “pre-enforcement” procedure (so-called “PEPEX”).
State Immunity – State immunity is not a legal rule in force in the Portuguese jurisdiction. In fact, there is no express legal provision enacting the principle that ‘par in parem non habet judicio’ (state immunity).