due process

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

by Guide Arbitration
January 30, 2019January 19, 2020
Arbitrators' Fees, CASE LAW, Due Process, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085 Lisbon Court of Appeal Date: 19-02-2015 Case Nr. 1422/14.5YRLSB.L1-8 LINK DGSI Headlines: In arbitral proceedings, compliance with the due process principles must always be guaranteed. However, the tribunal may decide immediately on certain submitted requests without necessarily hearing the parties,… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | 21-06-2018 | Case #067

by Guide Arbitration
September 25, 2018January 19, 2020
CASE LAW, Due Process, Lisbon Court of Appeal, Mandatory Arbitration, Portuguese Arbitration

Lisbon Court of Appeal Date: 21-06-2018 Case Nr. 2384/17.2YRLSB.L1-8 LINK DGSI Headline: In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is admitted to contest the claim by raising an objection grounded in the invalidity of the patent in dispute. Summary: In a mandatory arbitration initiated according… Read More »Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | 21-06-2018 | Case #067

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

Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049

by Guide Arbitration
August 31, 2018January 19, 2020
Annulment Arbitral Award, CASE LAW, Due Process, Ex Aequo et Bono, Lisbon Court of Appeal, Motivation Arbitral Award, Portuguese Arbitration

Lisbon Court of Appeal Date: 15-03-2016 Case Nr. 871/15.6YRLSB-7 LINK DGSI Headline: An arbitral award may only be set aside if extremely exceptional circumstances occur, such as the violation of fundamental principles of due process that may have had an influence in the outcome of the case. An arbitral award is sufficiently motivated if it… Read More »Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049