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arbitration

Guimarães Court of Appeal | Criminal Proceedings | Arbitrability | Case #132

Guimarães Court of Appeal | Criminal Proceedings | Arbitrability | Case #132 Case nr. 38/21.4YRGMR 13-07-2021 LINK DGSI Summary: While criminal proceedings are pending against the claimant for facts attributed to him, the arbitral tribunal does not have jurisdiction “rationae materiae” to decide upon the claimant’s claim (in the form of a negative declaratory action)… Read More »Guimarães Court of Appeal | Criminal Proceedings | Arbitrability | Case #132

Coimbra Court of Appeal | Arbitration | Application of the rules of the Portuguese Code of Civil Procedure | Case #131

Case nr. 56/21.2YRCBR.C1 08-07-2021 LINK DGSI The rules of the Code of Civil Procedure do not apply even by default to arbitration proceedings subject to the Voluntary Arbitration Law (Law No. 63/2011 of 14 December 2011), save if the parties or the institutional arbitration rules provide otherwise. Notwithstanding, the general principles of the civil procedure,… Read More »Coimbra Court of Appeal | Arbitration | Application of the rules of the Portuguese Code of Civil Procedure | Case #131

Oporto Court of Appeal | Arbitration Agreement | Mediator | Pathological Arbitration Clause | Case #130

Oporto Court of Appeal | Arbitration Agreement | Mediator | Arbitration Clause |   Case #130 Case nr. 26292/19.1T8PRT.P1 25-03-2021 LINK DGSI Summary: I. The arbitration agreement is a result of the mutual intention of the parties to refer to arbitration the resolution of a present dispute (submission agreement) as well as any future disputes arising… Read More »Oporto Court of Appeal | Arbitration Agreement | Mediator | Pathological Arbitration Clause | Case #130

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

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

Guimarães Court of Appeal | Annulment of an Arbitral Award | Ultra petitum | Case #122

Guimarães Court of Appeal | Annulment of an Arbitral Award | Ultra petitum | Case #122Case nr. 122/20.1YRGMR21-01-2021LINK DGSI Summary: I. In a special lawsuit for the annulment of an arbitral award, the state court only has the jurisdiction to grant or refuse the annulment of the award on the basis of the grounds set… Read More »Guimarães Court of Appeal | Annulment of an Arbitral Award | Ultra petitum | Case #122

Lisbon Court of Appeal | International Maritime Transport| International Arbitration | Arbitration Clause| Case #121

I – Portuguese law does not contain any rule that prevents the resolution of conflicts, arising from a contract for the international carriage of goods by sea, through transnational arbitration, even if this results in the impossibility of submitting such conflicts to the Portuguese state courts. II- An arbitration clause inserted in the front page… Read More »Lisbon Court of Appeal | International Maritime Transport| International Arbitration | Arbitration Clause| Case #121

Supreme Court of Justice |Penalty Clause | International Public Policy of the Portuguese State | Case #116

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

Lisbon Court of Appeal | Annulment of an Arbitral Award | Principle of Equality | Adversarial Principle | Assessment of Evidence | Merits of the case| State Court| Case #115

Lisbon Court of Appeal | Annulment of an Arbitral Award | Principle of Equality | Adversarial Principle | Assessment of Evidence | Merits of the case| State Court| Case #115Case nr. 1609/20.1YRLSB-619-11-2020LINK DGSI Headline: Article 39(4) of the Voluntary Arbitration Law states that “The award on the merits of the dispute, or which terminates the… Read More »Lisbon Court of Appeal | Annulment of an Arbitral Award | Principle of Equality | Adversarial Principle | Assessment of Evidence | Merits of the case| State Court| Case #115

Lisbon Court of Appeal | Arbitration Costs | Costs follow the event principle | Case #114

Lisbon Court of Appeal | Arbitration Costs | Costs follow the event principle | Case #114Case nr. 104/20.3YRLSB-210-09-2020LINK DGSI Summary: If the terms of reference of the ad hoc tribunal specifically provide that the allocation “of the total costs of the arbitration” shall be made on the basis of which party faces loss as per… Read More »Lisbon Court of Appeal | Arbitration Costs | Costs follow the event principle | Case #114

Lisbon Court of Appeal | Impecuniosity and State Legal Aid | Inoperativeness of the Arbitration Agreement | Case #113

Lisbon Court of Appeal | Impecuniosity and State Legal Aid | Inoperativeness of the Arbitration Agreement | Case #113Case nr. 3504/19.8T8FNC.L1-618-06-2020LINK DGSI Summary: If the petitioner benefits from the State legal aid, for being established his lack of financial means, he may set aside the effectiveness of the arbitration clause and may resort to state… Read More »Lisbon Court of Appeal | Impecuniosity and State Legal Aid | Inoperativeness of the Arbitration Agreement | Case #113