New York Convention 1958

Porto Court of Appeal | Hierarchical jurisdiction | Recognition of foreign arbitral awards | 09-09-2013 | Case #061

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September 13, 2018January 19, 2020
Annulment Arbitral Award, Application of the New Law, CASE LAW, Hierarchical Jurisdiction, New York Convention 1958, Porto Court of Appeal, Portuguese Arbitration

Porto Court of Appeal Date: 09-09-2013 Case Nr. 29/13.9YRPRT LINK DGSI Headline: A foreign arbitral award shall be recognised by the court of appeal in whose district is located the domicile of the person against whom the award is invoked. The recognition of a foreign arbitral award made in a country party to the… Read More »Porto Court of Appeal | Hierarchical jurisdiction | Recognition of foreign arbitral awards | 09-09-2013 | Case #061

Supreme Court of Justice (Portugal) | Public Policy | New York Convention 1958 | 09-10-2003| Case #025

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August 28, 2018January 19, 2020
CASE LAW, New York Convention 1958, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice (Portugal) Date: 09-10-2003 Case Nr. 03B1604 LINK DGSI Headline: A foreign arbitral award may be refused recognition only in the cases set forth in Article V of the New York Convention 1958— for instance, when such recognition would be contrary to the “international public policy” of the Portuguese State. The international… Read More »Supreme Court of Justice (Portugal) | Public Policy | New York Convention 1958 | 09-10-2003| Case #025

Supreme Court of Justice (Portugal) | Public Policy | New York Convention 1958 | 02-02-2006 | Case #024

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August 27, 2018January 19, 2020
CASE LAW, New York Convention 1958, Portuguese Arbitration, Supreme Court of Justice

Supreme Court of Justice (Portugal) Date: 02-02-2006 Case Nr. 05B3766 LINK DGSI Headline: When recognition of an award under the New York Convention is being contested, it is the provisions of the Convention and the law of the seat of the arbitration that must be used to determine if proper notice of appointment of arbitrator… Read More »Supreme Court of Justice (Portugal) | Public Policy | New York Convention 1958 | 02-02-2006 | Case #024

Supreme Court of Justice (Portugal) | New York Convention 1958 | Recognition of Arbitral Awards | Arbitration Clause inserted in a Standard Form Contract | 18-02-2014 | Case #0036

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August 25, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforcement of Arbitral Awards, New York Convention 1958, Portuguese Arbitration, Recognition of Foreign Arbitral Awards, Standard Form Contracts, Supreme Court of Justice

Supreme Court of Justice Date: 18-02-2014 Case Nr. 1630/06.2YRCBR.C2.S1 LINK DGSI RELATED CASE #28 (Coimbra Court of Appeal) Headlines: The NYC applies to the recognition and enforcement of foreign arbitral awards in Portugal. Standard form contracts are characterized by three fundamental elements: they are generic, pre-formulated and not subject to modification. If a set of… Read More »Supreme Court of Justice (Portugal) | New York Convention 1958 | Recognition of Arbitral Awards | Arbitration Clause inserted in a Standard Form Contract | 18-02-2014 | Case #0036

Porto Court of Appeal | New York Convention 1958 | Recognition of Foreign Arbitral Awards | 07-12-2002 | Case #0034

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August 23, 2018January 19, 2020
CASE LAW, New York Convention 1958, Porto Court of Appeal, Portuguese Arbitration, Recognition of Foreign Arbitral Awards

Porto Court of Appeal Date: 07-12-2002 Case Nr. 0250581 LINK DGSI Headlines: The NYC1958 applies to procedures aimed at recognising foreign arbitral awards. To that effect, Art. 1094 et seq. of the Portuguese Code of Civil Procedure do not apply. Summary: Both Portugal and the United Kingdom acceded to the New York Convention on… Read More »Porto Court of Appeal | New York Convention 1958 | Recognition of Foreign Arbitral Awards | 07-12-2002 | Case #0034

Évora Court of Appeal | New York Convention 1958 | The nature of an arbitration agreement | 04-10-2007 | Case #0033

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August 22, 2018January 28, 2020
Arbitration Agreement, CASE LAW, Évora Court of Appeal, New York Convention 1958, Portuguese Arbitration

Évora Court of Appeal Date: 04-10-2007 Case Nr. 1725/07-2 LINK DGSI Headline: An arbitration agreement is a real promissory contract whereby the parties oblige themselves to agree in the future. The exclusive jurisdiction of the Portuguese Courts relates only to cases where a real estate right is at stake but not a lawsuit involving interests… Read More »Évora Court of Appeal | New York Convention 1958 | The nature of an arbitration agreement | 04-10-2007 | Case #0033

Évora Court of Appeal | New York Convention 1958 | Commencement of the Arbitration Proceedings | 05-06-2008 | Case #0032

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August 21, 2018January 19, 2020
CASE LAW, Commencement of Arbitration, Évora Court of Appeal, New York Convention 1958, Portuguese Arbitration

Évora Court of Appeal Date: 05-06-2008 Case Nr. 876/08-3 LINK DGSI Headline: The arbitration proceedings are deemed to be commenced when the request for arbitration is sent to the respondent. Summary: For the purpose of Arts. 289 and 389(1)(d) of the Portuguese Code of Civil Procedure, the arbitration proceedings are deemed to be commenced with… Read More »Évora Court of Appeal | New York Convention 1958 | Commencement of the Arbitration Proceedings | 05-06-2008 | Case #0032

Supreme Court of Justice (Portugal) | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 14-03-2013 | Case #0031

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August 20, 2018January 19, 2020
CASE LAW, International Public Policy, Liquidated Damages, New York Convention 1958, Portuguese Arbitration, Public Policy, Recognition of Foreign Arbitral Awards, Supreme Court of Justice

Supreme Court of Justice Date: 14-03-2013 Case Nr. 7328/10.0TBOER.L1.S1 LINK (external) RELATED CASE – Lisbon Court of Appeal | 12-07-2012| Case #030 Headlines: The recognition and enforcement of a foreign arbitral award may only be refused if it is manifestly contrary to the principles of international public policy of Portugal. If the agreement was freely… Read More »Supreme Court of Justice (Portugal) | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 14-03-2013 | Case #0031

Lisbon Court of Appeal | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 12-07-2012 | Case #0030

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August 19, 2018January 19, 2020
CASE LAW, International Public Policy, Liquidated Damages, Lisbon Court of Appeal, Portuguese Arbitration, Public Policy

Lisbon Court of Appeal Date: 12-07-2012 Case Nr. 7328/10.0TBOER.L1-1 LINK DGSI Related CASE: Supreme Court of Justice | 14-03-2013 | Case #031 Headline: Evidences of the circumstances set forth in Art. V(1) of the NYC shall be introduced within 10 days after the respondent has been summoned. Liquidated damages clauses are not contrary to the… Read More »Lisbon Court of Appeal | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 12-07-2012 | Case #0030

Lisbon Court of Appeal | New York Convention 1958 | Staying of the Recognition Procedure and Posting Adequate Security| 30-06-2011 | Case #0029

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August 18, 2018January 19, 2020
CASE LAW, Lisbon Court of Appeal, New York Convention 1958, Portuguese Arbitration, Posting of Security, Recognition of Foreign Arbitral Awards, Staying of Recognition Procedure

Lisbon Court of Appeal Date: 30-06-2011 Case Nr. 2004/08.6TVLSB-A-7 LINK DGSI Headline: Art. VI of New York Convention provides for the staying of the recognition procedure when the annulment of the award is pending in the contracting State in which the award was made. It also provides that, in such event, the party seeking the… Read More »Lisbon Court of Appeal | New York Convention 1958 | Staying of the Recognition Procedure and Posting Adequate Security| 30-06-2011 | Case #0029