arbitration agreement

Guimarães Court of Appeal | Kompetenz-Kompetenz | Lack of Jurisdiction | Arbitration Agreement| Case #122

by Guide Arbitration
February 12, 2021February 12, 2021
Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Guimarães Court of Appeal, Inoperativeness Arbitration Agreement, Kompetenz-Kompetenz, NEWS|EVENTS|POSTS, Posts

Guimarães Court of Appeal | Kompetenz-Kompetenz | Lack of Jurisdiction | Arbitration Agreement| Case #122Case nr. 149/20.3T8BRG.G114-01-2021LINK DGSI Summary: I. According to Art. 96 of the Portuguese Code of Civil Procedure, the non-compliance with an arbitration agreement entails the absolute lack of jurisdiction of the judicial court sought to solve a dispute covered by that… Read More »Guimarães Court of Appeal | Kompetenz-Kompetenz | Lack of Jurisdiction | Arbitration Agreement| Case #122

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

Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109

by Guide Arbitration
June 1, 2020May 13, 2020
Arbitration Agreement, Arbitration Costs, Blog Post, Blog Posts, CASE LAW, Enforceability Arbitration Agreement, Impecuniosity, Inoperativeness Arbitration Agreement, Judicial Costs, Kompetenz-Kompetenz, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109Case nr. 415/18.8T8SNT.L1-205-03-2020LINK DGSI Headline: In a case where the formal validity of the arbitration agreement or its application to the actual dispute between the parties is not at stake, it is only when… Read More »Lisbon Court of Appeal | Lack of Financial Means | Inoperativeness of the Arbitration Agreement | Kompetenz – Kompetenz | Case #109

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

Évora Court of Appeal | New York Convention 1958 | The nature of an arbitration agreement | 04-10-2007 | Case #0033

by Guide Arbitration
August 22, 2018January 28, 2020
Arbitration Agreement, CASE LAW, Évora Court of Appeal, New York Convention 1958, Portuguese Arbitration

Évora Court of Appeal Date: 04-10-2007 Case Nr. 1725/07-2 LINK DGSI Headline: An arbitration agreement is a real promissory contract whereby the parties oblige themselves to agree in the future. The exclusive jurisdiction of the Portuguese Courts relates only to cases where a real estate right is at stake but not a lawsuit involving interests… Read More »Évora Court of Appeal | New York Convention 1958 | The nature of an arbitration agreement | 04-10-2007 | Case #0033