extension arbitration agreement

(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

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

Porto Court of Appeal | Kompetenz-Kompetenz | Enforceability of Arbitration Agreements by Non-Signatories | Abuse of Rights | 08-03-2016 | Case #009

by Guide Arbitration
August 5, 2018January 19, 2020
CASE LAW, Extension Arbitration Agreement, Kompetenz-Kompetenz, Porto Court of Appeal, Portuguese Arbitration

Porto Court of Appeal Date: 08-03-2016 Case Nr. 2164/14.7TBSTS.P1 LINK DGSI Headline: State courts must confine themselves to questions of non-existence, nullity or inoperability of the arbitration clause. Non-signatories may be joint to arbitration, and can even claim to be joint in certain instances that were delineated by the Court. Summary: Art. 5(1) and 18(1)… Read More »Porto Court of Appeal | Kompetenz-Kompetenz | Enforceability of Arbitration Agreements by Non-Signatories | Abuse of Rights | 08-03-2016 | Case #009