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portuguese arbitration

(Portugal) Supreme Court of Justice | Counterclaim – Admissibility | 14-05-2019| Case #93

(Portugal) Supreme Court of Justice | Counterclaim – Admissibility | 14-05-2019| Case #93 Case nr. 1296/17.4YRLSB.S1 LINK DGSI Headline: According to Art. 33(4) of the Portuguese Arbitration Law, the admissibility of a counterclaim depends on the subject matter being or not envisaged in the arbitration agreement. Given that the parties agreed on computing the final… Read More »(Portugal) Supreme Court of Justice | Counterclaim – Admissibility | 14-05-2019| Case #93

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Standard Form Contracts | Swaps | 14-05-2019 | Case #92

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Standard Form Contracts | Swaps | 14-05-2019 | Case #92 Case nr. 2741/16.1T8PTM.L1.S1 LINK DGSI Headline: Even though there is no express arbitration agreement in the contract, the mere reference to a framework contract which contains in itself an arbitration clause is deemed to be construed as… Read More »(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Standard Form Contracts | Swaps | 14-05-2019 | Case #92

Lisbon Court of Appeal | Right to Appeal | Interlocutory Decisions | 07-05-2019 | Case #091

Lisbon Court of Appeal Date: 07-05-2019 Case Nr. 2553/18.8YRLSB.L1-2 LINK DGSI Headline: Art. 39(4) of the Portuguese Arbitration Law provides that the right to appeal depends on the parties’ express agreement. However, this regime concerns merely those awards that settle the dispute or a part of it. Therefore, it does not extend to interlocutory arbitral… Read More »Lisbon Court of Appeal | Right to Appeal | Interlocutory Decisions | 07-05-2019 | Case #091

Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | Competence of the Arbitral Tribunal | 02-05-2019 | Case #091

Lisbon Court of Appeal Date: 02-05-2019 Case Nr. 1956/18.2YRLSB-6 LINK DGSI Headline: In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is prevented from contest the claim by raising an objection grounded in the invalidity of the patent in dispute. Summary: In a mandatory arbitration, the defendant is… Read More »Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | Competence of the Arbitral Tribunal | 02-05-2019 | Case #091

Lisbon Court of Appeal | Insurance Contract | Arbitration Agreement | 07-03-2019 | Case #090

Lisbon Court of Appeal Date: 07-03-2019 Case Nr. 7459/16.2T8LSB-A.L1-2 LINK DGSI Headline: The insured is not bound by the arbitration agreement inserted in an insurance contract entered into between the insurer and the policyholder.   Summary: In the vast majority of cases, the insurance on behalf of another person is a contract to the benefit… Read More »Lisbon Court of Appeal | Insurance Contract | Arbitration Agreement | 07-03-2019 | Case #090

Lisbon Court of Appeal | Motivation of the Arbitral Award | 21-03-2019 | Case #089

Lisbon Court of Appeal Date: 21-03-2019 Case Nr. 1412/18.9YRLSB.L1-2 LINK DGSI Headline: The arbitral award must contain its motivation, consisting of an assessment of the evidence produced, the indication of the facts proven, particularly those admitted by the parties, the reasons justifying the application of the legal rules to the facts, and the conclusion resulting… Read More »Lisbon Court of Appeal | Motivation of the Arbitral Award | 21-03-2019 | Case #089

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

(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

Supreme Court of Justice Date: 15-01-2019 Case Nr. 28/14.3TBOHP.C1.S1 LINK DGSI   Headline: An arbitration agreement may be extended to non-signatory parties that belng to the same group of companies  Summary: According to Arts. 406, nr. 2 and 217, nr. 1 of the Portuguese Civil Code, the circumstance that one of the petitioners (a company… Read More »(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085

Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085 Lisbon Court of Appeal Date: 19-02-2015 Case Nr. 1422/14.5YRLSB.L1-8 LINK DGSI Headlines: In arbitral proceedings, compliance with the due process principles must always be guaranteed. However, the tribunal may decide immediately on certain submitted requests without necessarily hearing the parties,… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | Due Process | 19-02-2015 | Case #085