separability of the arbitration agreement

Lisbon Court of Appeal | Agreement to arbitrate by reference | Standard Form Contracts | Kompetenz-Kompetenz | 07-07-2016 | Case #054

by Guide Arbitration
October 7, 2018January 19, 2020
Arbitration Agreement, Arbitration Standard Form Contracts, CASE LAW, Kompetenz-Kompetenz, Lisbon Court of Appeal

Lisbon Court of Appeal Date: 07-07-2016 Case Nr. 508/14.0TBLNH-A.L1-2 LINK DGSI Headline: It will be considered sufficient for the purpose of incorporation if the contract signed by the parties or the correspondence between them contains a reference to a document containing the arbitration agreement. The “competence-competence” principle applies with one exception arising from the application… Read More »Lisbon Court of Appeal | Agreement to arbitrate by reference | Standard Form Contracts | Kompetenz-Kompetenz | 07-07-2016 | Case #054

Supreme Court of Justice (Portugal) | Separability of the Arbitration Agreement | 06-04-2017 | Case #053

by Guide Arbitration
September 7, 2018January 19, 2020
CASE LAW, Portuguese Arbitration, Separability of the Arbitration Agreement, Supreme Court of Justice

Supreme Court of Justice Date: 06-04-2017 Case Nr. 416/16.0YRLSB.S1 LINK DGSI Headline: Where an arbitration agreement is an integral part of a contract, and that contract has not received necessary signature, the arbitration agreement is non-existent despite its autonomy. Summary: Where there is a breach of the rules of substantive jurisdiction, in particular of… Read More »Supreme Court of Justice (Portugal) | Separability of the Arbitration Agreement | 06-04-2017 | Case #053