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portuguese arbitration

Lisbon Appeal Court | Recognition of Foreign Arbitral Awards | Arbitral | 11-12-2018 | Case #103

Lisbon Appeal Court | Recognition of Foreign Arbitral Awards |Case nr. 2004/08.6TVLSB.L2-711-12-2018LINK DGSI Headline: The court of appeal should not be aware of issues that have not been raised in the court whose decision is under appeal and that, for this reason, the lower court did not, and did not have to, analyze unless they… Read More »Lisbon Appeal Court | Recognition of Foreign Arbitral Awards | Arbitral | 11-12-2018 | Case #103

(Portugal) Supreme Court of Justice | Disregard of the arbitration clause | Appeal before the Supreme Court of Justice| Case #102

Disregard of the arbitration clause | Appeal before the Supreme Court of Justice|Case nr. 22574/16.4TB8LSB.L1.S108-11-2018LINK DGSI Summary: I- The existence of an arbitral tribunal established by virtue of an arbitration clause is a determining factor in the absolute lack of jurisdiction of the court, pursuant to Article 96(b) of the Code of Civil Procedure. II-… Read More »(Portugal) Supreme Court of Justice | Disregard of the arbitration clause | Appeal before the Supreme Court of Justice| Case #102

Central Administrative Court | Jurisdiction of Tax Arbitral Tribunals| 27-09-2018 | Case #101

Central Administrative Court | Jurisdiction of Tax Arbitral Tribunals| 27-09-2018 | Case #101Case nr. 9933/16.1BCLSB27-09-2018LINK DGSI Headline: According to the tax arbitration regime, the following claims are covered by the jurisdiction of arbitral tribunals: (a) the declaration of illegality of tax settlements, self-assessments, withholding of tax and payments on account; (b) the declaration of illegality… Read More »Central Administrative Court | Jurisdiction of Tax Arbitral Tribunals| 27-09-2018 | Case #101

Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99

Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99 Case nr. 1667/18.9YRLSB-B.L1-2 25-03-2019 and 10-10-2019 LINKS DGSI HERE and HERE Headline: The stay of a recognition procedure should be granted without the payment of a security when the factual background of the case… Read More »Lisbon Court of Appeal | Recognition of Foreign Arbitral Awards | Public Policy | Contract Obtained by Corruption | Case #99

The New Arbitration Portugal Portal is out now!

The Online Guide to Portuguese Arbitration Promoting Portugal as a safe venue for International Arbitration   The old website “arbitration.pt” has just been replaced by an entirely new “Arbitration Portugal” website. The new website is completely redesigned and it is lodged in a new platform that allows better communication and interaction with users. Keep updated… Read More »The New Arbitration Portugal Portal is out now!

Supreme Court of Justice | Interpretation of the Arbitration Agreement | Kompetenz-Kompetenz | Inoperativeness of the Arbitration Clause | Lack of Financial Means| Case #98

Case nr. 8927/18.7T8LSB-A.L1.S1 12-11-2019 LINK DGSI Headline: An arbitration agreement is interpreted according to the rules that apply to the interpretation of contracts. The arbitral tribunal is competent to decide upon its own competence. The impecuniosity of a party may be grounds to refuse the enforcement of an arbitration agreement if that impecuniosity is not… Read More »Supreme Court of Justice | Interpretation of the Arbitration Agreement | Kompetenz-Kompetenz | Inoperativeness of the Arbitration Clause | Lack of Financial Means| Case #98

Lisbon Court of Appeal | Arbitrators Fees | Urgent Procedure | Complexity of the case| Case #97

Lisbon Court of Appeal | Case #97 Case nr. 1123/19.8YRLSB-L1-2 26-09-2019 LINK DGSI Headline: The judicial procedure aimed at reducing the remuneration and expenses of the arbitral trribunal is urgent and, therefore, a suspension of the procedure should not be allowed. The remuneration of the arbitrators shall take into account the complexity of the issues,… Read More »Lisbon Court of Appeal | Arbitrators Fees | Urgent Procedure | Complexity of the case| Case #97

Coimbra Court of Appeal | Arbitration Costs | Application of judicial costs to arbitral proceedings | Case #96

Coimbra Court of Appeal | Arbitration Costs | Application of judicial costs to arbitral proceedings | Case #96 Case nr. 1957/18.0YRLSB.C1 LINK DGSI Headline: The Legal Regulation of the Judicial Procedural Costs is not applicable to arbitral proceedings   Summary: According to Art. 42(5) of the LAV (Law no. 63/2011, of 14/12), and provided that… Read More »Coimbra Court of Appeal | Arbitration Costs | Application of judicial costs to arbitral proceedings | Case #96

Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019| Case #95

Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019 | Case nr. 2794/18.8YRLSB.L1-2 | Case #95 LINK DGSI Headline: According to the Portuguese Arbitration Law, an arbitration award which lacks reasoning shall be considered null and void. However, a merely defective statement of reasons is not sufficient to grant the annulment… Read More »Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019| Case #95

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

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