swaps arbitration

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

by Guide Arbitration
June 26, 2019January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice, Swaps, Swaps Arbitration

(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

Porto Court of Appeal | Competence of the Arbitral Tribunal to decide the Validity of the Arbitration Agreement | 13-04-2015 | Case #072

by Guide Arbitration
October 2, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Kompetenz-Kompetenz, Porto Court of Appeal, Portuguese Arbitration, Standard Form Contracts, Swaps, Swaps Arbitration

Porto Court of Appeal Date: 13-04-2015 Case Nr. 471/14.8TVPRT.P1 LINK DGSI Headlines: The arbitral tribunal is competent to decide the validity of the arbitration agreement, and the state court may not decide that issue unless such invalidity is blatant. Summary: 1. Given that the parties entered into a ‘master agreement’, which stated that it was… Read More »Porto Court of Appeal | Competence of the Arbitral Tribunal to decide the Validity of the Arbitration Agreement | 13-04-2015 | Case #072

Lisbon Court of Appeal | Multy-Party Arbitration & Swaps |14-06-2018 | Case #071

by Guide Arbitration
October 1, 2018January 19, 2020
CASE LAW, Lisbon Court of Appeal, MultiParty Arbitration, Swaps Arbitration

Lisbon Court of Appeal Date: 14-06-2018 Case Nr. 81/17.8YELSB-8 LINK DGSI Headlines: A swap master agreement entered separately into with different individuals and the bank allows the joinder of multiple claimants in arbitration. Summary: 1. If a number of swap agreements between different individuals and the same Bank is concluded under a similar contractual framework,… Read More »Lisbon Court of Appeal | Multy-Party Arbitration & Swaps |14-06-2018 | Case #071

Lisbon Court of Appeal | Arbitration in Standard Form Contracts | 24-02-2015 | Case #068

by Guide Arbitration
September 28, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Impecuniosity, Kompetenz-Kompetenz, Lisbon Court of Appeal, Standard Form Contracts, Swaps, Swaps Arbitration

Lisbon Court of Appeal Date: 24-02-2015 Case Nr. 2186.13.5TVLSB.L1-7 LINK DGSI Headlines: An arbitration agreement included in a standard form contract (such as a swap agreement) produces a negative effect upon the jurisdiction of the state court to hear a dispute brought in relation to it, even if the petitioner has claimed for its invalidity… Read More »Lisbon Court of Appeal | Arbitration in Standard Form Contracts | 24-02-2015 | Case #068

Supreme Court of Justice (Portugal) | Kompetenz-Kompetenz | 21-06-2016 | Case #0016

by Guide Arbitration
August 12, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Portuguese Arbitration, Supreme Court of Justice, Swaps, Swaps Arbitration

Supreme Court of Justice Date: 21-06-2016 Case Nr. 301/14.0TVLSB.L1.S1 LINK DGSI Headline: The court may refuse to refer the parties to the arbitral tribunal only where the arbitration agreement is manifestly null and void. Summary: 1. In assessing objections to the jurisdiction of the arbitral tribunal, the court must act with restraint, and give the… Read More »Supreme Court of Justice (Portugal) | Kompetenz-Kompetenz | 21-06-2016 | Case #0016

Lisbon Court of Appeal | Arbitrators’ Fees | 14-07-2016 | Case #0015

by Guide Arbitration
August 11, 2018January 19, 2020
Arbitrators' Fees, CASE LAW, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 14-07-2016 Case Nr. 660/16.0YRLSB-2 LINK DGSI Headline: In the absence of a prior agreement of the parties, arbitrators can decide on their own fees. Summary: 1. As per Art. 17 (2) of the Voluntary Arbitration Act (VAL), in the absence of an agreement between the parties, the arbitrators can decide… Read More »Lisbon Court of Appeal | Arbitrators’ Fees | 14-07-2016 | Case #0015

Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

by Guide Arbitration
August 10, 2018January 19, 2020
Arbitration Standard Form Contracts, CASE LAW, Enforceability Arbitration Agreement, Kompetenz-Kompetenz, Lisbon Court of Appeal, Portuguese Arbitration, Public Policy, Scope of jurisdiction, Standard Form Contracts, Swaps, Swaps Arbitration

Lisbon Court of Appeal Date: 05-11-2015 Case Nr. 2672-14.0T8LSB.L1-6 LINK DGSI Headlines: An arbitration clause in a framework agreement is applicable to contracts concluded under it. The failure to raise objections to the court’s jurisdiction on a dispute arising from one contract does not deprive a party of its right to raise such a defence… Read More »Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014