enforcement arbitration clause

Lisbon Court of Appeal | Multy-Party Arbitration & Swaps |14-06-2018 | Case #071

by Guide Arbitration
October 1, 2018January 19, 2020
CASE LAW, Lisbon Court of Appeal, MultiParty Arbitration, Swaps Arbitration

Lisbon Court of Appeal Date: 14-06-2018 Case Nr. 81/17.8YELSB-8 LINK DGSI Headlines: A swap master agreement entered separately into with different individuals and the bank allows the joinder of multiple claimants in arbitration. Summary: 1. If a number of swap agreements between different individuals and the same Bank is concluded under a similar contractual framework,… Read More »Lisbon Court of Appeal | Multy-Party Arbitration & Swaps |14-06-2018 | Case #071

Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement |28-05-2015 | Case #069

by Guide Arbitration
September 29, 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: 28-05-2015 Case Nr. 2040/13.0TVLSB.L1.S1 LINK DGSI Headlines: State courts are not competent to decide the invalidity of the arbitration agreement, unless such invalidity is blatant. Summary: 1. Since the defendant invoked an arbitration agreement in a timely manner, only in cases where such agreement is manifestly invalid, inoperative or ineffective… Read More »Supreme Court of Justice (Portugal)| State Courts are not Competent to Decide the Validity of the Arbitration Agreement |28-05-2015 | Case #069

Lisbon Court of Appeal | Arbitration in Standard Form Contracts | 24-02-2015 | Case #068

by Guide Arbitration
September 28, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Impecuniosity, Kompetenz-Kompetenz, Lisbon Court of Appeal, Standard Form Contracts, Swaps, Swaps Arbitration

Lisbon Court of Appeal Date: 24-02-2015 Case Nr. 2186.13.5TVLSB.L1-7 LINK DGSI Headlines: An arbitration agreement included in a standard form contract (such as a swap agreement) produces a negative effect upon the jurisdiction of the state court to hear a dispute brought in relation to it, even if the petitioner has claimed for its invalidity… Read More »Lisbon Court of Appeal | Arbitration in Standard Form Contracts | 24-02-2015 | Case #068

Lisbon Court of Appeal | Concurrent jurisdiction of arbitral tribunals and state courts | 30-06-2015 | Case #060

by Guide Arbitration
September 12, 2018January 19, 2020
Arbitration Agreement, CASE LAW, Enforceability Arbitration Agreement, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 30-06-2015 Case Nr. 1934/12.5 TBCSC-A.L1-1 LINK DGSI Headline: State courts must decide any procedural objection “ex officio”, except if the objection related to the existence of an arbitration agreement, in which situation only one of the parties can raise that objection. Summary: The jurisdiction of an arbitral tribunal, accorded… Read More »Lisbon Court of Appeal | Concurrent jurisdiction of arbitral tribunals and state courts | 30-06-2015 | Case #060

Guimarães Court of Appeal | Kompetenz-Kompetenz | Impecuniosity & Enforceability of the Arbitration Agreement | 25-09-2014 | Case #017

by Guide Arbitration
August 13, 2018January 19, 2020
CASE LAW, Enforceability Arbitration Agreement, Guimarães Court of Appeal, Impecuniosity, Kompetenz-Kompetenz

Guimarães Court of Appeal | Kompetenz-Kompetenz | Impecuniosity & Enforceability of the Arbitration Agreement | 25-09-2014 Date: 25-09-2014 Case No. 403/13.0TCGMR.G1 LINK DGSI Headlines – The arbitral tribunal is competent to decide on its own competence and the state court can only assess the validity, applicability and enforceability of the arbitration agreement where there are… Read More »Guimarães Court of Appeal | Kompetenz-Kompetenz | Impecuniosity & Enforceability of the Arbitration Agreement | 25-09-2014 | Case #017

Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

by Guide Arbitration
August 10, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Lisbon Court of Appeal, Portuguese Arbitration, Public Policy, Scope of jurisdiction, Standard Form Contracts, Swaps, Swaps Arbitration

Lisbon Court of Appeal Date: 05-11-2015 Case Nr. 2672-14.0T8LSB.L1-6 LINK DGSI Headlines: An arbitration clause in a framework agreement is applicable to contracts concluded under it. The failure to raise objections to the court’s jurisdiction on a dispute arising from one contract does not deprive a party of its right to raise such a defence… Read More »Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

Lisbon Court of Appeal | Kompetenz-Kompetenz | Financial Distress of one of the Parties does not render the Arbitration Clause Inoperative | 22-09-2015 | Case #007

by Guide Arbitration
August 3, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Impecuniosity, Lisbon Court of Appeal, Portuguese Arbitration, Restructuring, Standard Form Contracts, Swaps, Swaps Arbitration

Lisbon Court of Appeal Date: 22-09-2015 Case Nr. 1212/14.5T8LSB.L1-7 LINK DGSI Related CASE: Decision of the Supreme Court of Justice of 26-04-2016 HERE Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity is blatant. The circumstance that the petitioner is under a restructure procedure does necessary mean… Read More »Lisbon Court of Appeal | Kompetenz-Kompetenz | Financial Distress of one of the Parties does not render the Arbitration Clause Inoperative | 22-09-2015 | Case #007