Kompetenz-Kompetenz

Supreme Court of Justice (Portugal) | Suspension of the Arbitration Agreement | Restructuring | Impecuniosity | 26-04-2016 | Case #010

by Guide Arbitration
August 6, 2018January 19, 2020
CASE LAW, Impecuniosity, Kompetenz-Kompetenz, Restructuring, Supreme Court of Justice

Supreme Court of Justice Date: 26-04-2016 Case No. 1212/14.5T8LSB.L1.S1 LINK DGSI RELATED CASE: Decision of the Lisbon Court of Appeal HERE Headlines – A restructuring procedure does not entail the suspension of the arbitration agreement or of the arbitration proceedings – Nor does that procedure grant the company under restructure an exemption of court or… Read More »Supreme Court of Justice (Portugal) | Suspension of the Arbitration Agreement | Restructuring | Impecuniosity | 26-04-2016 | Case #010

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

Porto Court of Appeal | Jurisdiction of Sports Arbitration Court | 27-06-2018 | Case #008

by Guide Arbitration
August 4, 2018January 19, 2020
CASE LAW, Court of Arbitration for Sports, Porto Court of Appeal, Portuguese Arbitration, Scope of jurisdiction

Porto Court of Appeal Date: 27-06-2018 Case Nr. 64161/17.9YIPRT.P1 LINK DGSI This case summary was kindly prepared by Rishabh Raheja, (rishabharaheja@gmail.com, NALSAR University of Law), Sameer Thakur (sameerthakur@live.in, NALSAR University of Law), and Abhishek Babbar (abhishekbabbar1996@gmail) Headlines: The Sports Arbitration Court (TAD) does not have the jurisdiction to decide on purely private matters that contain… Read More »Porto Court of Appeal | Jurisdiction of Sports Arbitration Court | 27-06-2018 | Case #008

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