penalty payment – ARBITRATION PORTUGAL

Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94

by Guide Arbitration
June 26, 2019January 19, 2020
CASE LAW, Liquidated Damages, Lisbon Court of Appeal, Penalty Clauses, Penalty Payment, Portuguese Arbitration

Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94 Case nr. 1460/18.9 YRLSB.L1-6 LINK DGSI Headline: Arbitral tribunals shall have the power to enforce a penalty payment, particularly in compulsory arbitrations. Summary: I – In an arbitration proceeding where the defendants were obliged… Read More »Lisbon Court of Appeal | Penalty Clauses | Competence of Arbitral Tribunals to award Penalty Clauses | 06-06-2019| Case #94

Lisbon Court of Appeal | Compulsory Penalty | Motivation of the arbitral award | 13-02-2014 |Case #040

by Guide Arbitration
September 26, 2018January 19, 2020
CASE LAW, Lisbon Court of Appeal, Motivation Arbitral Award, Penalty Payment, Portuguese Arbitration

Lisbon Court of Appeal Date: 13-02-2014 Case Nr. 724/13.2YRLSB-8 LINK DGSI Headline: In the absence of an express provision providing jurisdiction, arbitral tribunals cannot impose periodic penalty payments. Arbitral awards that do not explain relevant facts should be annulled by state courts. Summary: The legitimacy of an arbitral tribunal arises from the will of… Read More »Lisbon Court of Appeal | Compulsory Penalty | Motivation of the arbitral award | 13-02-2014 |Case #040