enforcement arbitration clause

(Portugal) Supreme Court of Justice | Disregard of the arbitration clause | Appeal before the Supreme Court of Justice| Case #102

by Guide Arbitration
May 17, 2020May 13, 2020
Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Enforceability Arbitration Agreement, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts, Supreme Court of Justice

Disregard of the arbitration clause | Appeal before the Supreme Court of Justice|Case nr. 22574/16.4TB8LSB.L1.S108-11-2018LINK DGSI Summary: I- The existence of an arbitral tribunal established by virtue of an arbitration clause is a determining factor in the absolute lack of jurisdiction of the court, pursuant to Article 96(b) of the Code of Civil Procedure. II-… Read More »(Portugal) Supreme Court of Justice | Disregard of the arbitration clause | Appeal before the Supreme Court of Justice| Case #102

Lisbon Court of Appeal | Insurance Contract | Arbitration Agreement | 07-03-2019 | Case #090

by Guide Arbitration
May 5, 2019January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Insurance Contract, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 07-03-2019 Case Nr. 7459/16.2T8LSB-A.L1-2 LINK DGSI Headline: The insured is not bound by the arbitration agreement inserted in an insurance contract entered into between the insurer and the policyholder. Summary: In the vast majority of cases, the insurance on behalf of another person is a contract to the benefit… Read More »Lisbon Court of Appeal | Insurance Contract | Arbitration Agreement | 07-03-2019 | Case #090

Guimarães Court of Appeal | Supervening Impecuniosity | Ineffectiveness of the Arbitration Agreement | 21-02-2019 | Case #088

by Guide Arbitration
March 26, 2019January 19, 2020
CASE LAW, Enforceability Arbitration Agreement, Guimarães Court of Appeal, Impecuniosity, Kompetenz-Kompetenz, Portuguese Arbitration

Guimarães Court of Appeal Date: 21-02-2019 Case Nr. 317/18.8T8PRT.G1 LINK DGSI Headline: The supervening economic impossibility of the signatories of an arbitration agreement (preventing them from bearing the inevitable costs of such dispute resolution mechanism), may constitute a manifest ineffectiveness of such arbitration agreement. Accordingly, the state court is competent to decide the question… Read More »Guimarães Court of Appeal | Supervening Impecuniosity | Ineffectiveness of the Arbitration Agreement | 21-02-2019 | Case #088

(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

by Guide Arbitration
February 2, 2019January 19, 2020
Arbitration Agreement, CASE LAW, Extension Arbitration Agreement, Group of Companies Doctrine, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice Date: 15-01-2019 Case Nr. 28/14.3TBOHP.C1.S1 LINK DGSI Headline: An arbitration agreement may be extended to non-signatory parties that belng to the same group of companies Summary: According to Arts. 406, nr. 2 and 217, nr. 1 of the Portuguese Civil Code, the circumstance that one of the petitioners (a company… Read More »(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

(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

Lisbon Court of Appeal | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | Kompentenz-Kompetenz | 11-01-2011 | Case #078

by Guide Arbitration
October 9, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Extension Arbitration Agreement, Group of Companies Doctrine, Kompetenz-Kompetenz, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 11-01-2011 Case Nr. 3539/08.6TVLSB.L1 LINK DGSI Headline: The arbitration agreement concluded with a company belonging to the same group of companies only binds the contracting parties, except if a third party later accedes to that agreement. The arbitral tribunal shall be competent to interpret the arbitration clause in order to… Read More »Lisbon Court of Appeal | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | Kompentenz-Kompetenz | 11-01-2011 | Case #078

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

by Guide Arbitration
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

Guimarães Court of Appeal | Competence of the Judicial Court to Decide the Validity of the Arbitration Agreement | 08-03-2012 | Case #074

by Guide Arbitration
October 4, 2018January 19, 2020
CASE LAW, Guimarães Court of Appeal, Kompetenz-Kompetenz, Swaps, Swaps Arbitration

Guimarães Court of Appeal Date: 08.03.2012 Case Nr. 1387/11.5TBBCL-B.G1 LINK DGSI Headlines: The state court is competent to decide the validity of the arbitration agreement if that validity is the subject matter of the dispute brought to the court. Summary: 1. In order to determine the nature of the subject matter at issue, it is… Read More »Guimarães Court of Appeal | Competence of the Judicial Court to Decide the Validity of the Arbitration Agreement | 08-03-2012 | Case #074

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

Porto Court of Appeal | Competence of the Arbitral Tribunal to decide the Validity of the Arbitration Agreement | 13-04-2015 | Case #072

by Guide Arbitration
October 2, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Kompetenz-Kompetenz, Porto Court of Appeal, Portuguese Arbitration, Standard Form Contracts, Swaps, Swaps Arbitration

Porto Court of Appeal Date: 13-04-2015 Case Nr. 471/14.8TVPRT.P1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, and the state court may not decide that issue unless such invalidity is blatant. Summary: 1. Given that the parties entered into a ‘master agreement’, which stated that it was… Read More »Porto Court of Appeal | Competence of the Arbitral Tribunal to decide the Validity of the Arbitration Agreement | 13-04-2015 | Case #072