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Case Law

Posted on September 18, 2018January 19, 2020

Lisbon Court of Appeal | Appeal and Waiver of the Right to Appeal | Annulment of Arbitral Award | 04-06-2013 | Case #045

Lisbon Court of Appeal
Date: 04-06-2013
Case Nr. 2548/10.0TVLSB.L1-7
LINK DGSI

Headline:

Courts may annul the award if basic procedural principles are violated, i.e. internal contradiction within the award, failure to treat the parties equally or lack of reasoning

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Posted on September 17, 2018January 19, 2020

Lisbon Court of Appeal | Arbitrators’ Fees | 12-02-2015 | Case #066

Lisbon Court of Appeal
Date: 12-02-2015
Case Nr. 1551/14.5YRLSB-8
LINK DGSI

Headline:

The amount due to the arbitrators shall be calculated in accordance with proportionality, fairness and justice criteria, taking also into account the complexity and number of acts

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Posted on September 16, 2018January 19, 2020

Lisbon Court of Appeal | Arbitrators’ Fees | 15-01-2015 | Case #065

Lisbon Court of Appeal
Date: 15-01-2015
Case Nr. 1362/14.8YRLSB.L1-8
LINK DGSI

Headline:

The amount of the arbitrators’ fees shall be calculated in proportion to the complexity of the award and the time spent during the proceedings.

 

Summary:

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Posted on September 15, 2018January 19, 2020

Lisbon Court of Appeal | Arbitrators’ Fees | 29-04-2014 | Case #063

Lisbon Court of Appeal
Date: 29-04-2014
Case Nr. 1337/13.4YRLSB-7
LINK DGSI

Headline:

The arbitrators’ fees shall be calculated in accordance with the complexity of the case and the stage where the proceedings are terminated.

 

Summary:

  1. In the
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Posted on September 14, 2018January 19, 2020

Porto Court of Appeal | Annulment of arbitral award | Time limit to render the award | 23-10-2014 | Case #062

Porto Court of Appeal
Date: 23-10-2014
Case Nr. 178/13.3TVPRT.P1
LINK DGSI

Headline: The submission agreement shall expire, and the arbitral tribunal shall be relieved from its remit if the arbitral award is made after almost two years since the

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Posted on September 13, 2018January 19, 2020

Porto Court of Appeal | Hierarchical jurisdiction | Recognition of foreign arbitral awards | 09-09-2013 | Case #061

Porto Court of Appeal
Date: 09-09-2013
Case Nr. 29/13.9YRPRT
LINK DGSI

Headline:  

A foreign arbitral award shall be recognised by the court of appeal in whose district is located the domicile of the person against whom the award

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Posted on September 12, 2018January 19, 2020

Lisbon Court of Appeal | Concurrent jurisdiction of arbitral tribunals and state courts | 30-06-2015 | Case #060

Lisbon Court of Appeal
Date: 30-06-2015
Case Nr. 1934/12.5 TBCSC-A.L1-1
LINK DGSI

Headline:

State courts must decide any procedural objection “ex officio”, except if the objection related to the existence of an arbitration agreement, in which situation only one of

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Posted on September 11, 2018January 19, 2020

Supreme Court of Justice (Portugal) | International Public Policy | Good Will Compensation | Distribution Agreement | 23-10-2014 | Case #058

Supreme Court of Justice
Date: 23-10-2014
Case Nr. 1036/12.4YRLSB.S1
LINK DGSI

Headline:

International public policy of the Portuguese State is a vague, fluid and imprecise concept, but it can be defined as an amalgamation of basic values and dominant

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Posted on September 10, 2018January 19, 2020

Supreme Court of Justice (Portugal) | Kompetenz-Kompetenz | Negative Effect of the Arbitration Agreement | 12-05-2016 | Case #057

Supreme Court of Justice
Date: 12-05-2016
Case Nr. 710/14.5TVLSB-A.L1.S1
LINK DGSI

Headline:

According to Art. 18(3) of the Arbitration Act, the jurisdiction of the arbitral tribunal includes the power to decide on the validity of the arbitration agreement.

 … Read more

Posted on September 9, 2018January 19, 2020

Porto Court of Appeal | Kompetenz-Kompetenz | Negative Effect of the Arbitration Agreement | 13-04-2015 | Case #056

Porto Court of Appeal
Date: 13-04-2015
Case Nr. 471/14.8TVPRT.P1
LINK DGSI

Headline:

The court judge shall dismiss the procedure in accordance with Art. 5(1) of the Arbitration Act if a party invokes the existence of an arbitration agreement, unless

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