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impecuniosity

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

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

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

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

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

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