Case Law – Page 11 – ARBITRATION PORTUGAL

September 8, 2018January 19, 2020

Porto Court of Appeal | Scope of the Arbitration Agreement | Validity Ratione Temporis | 03-11-2014 | Case #055

Porto Court of Appeal
Date: 03-11-2014
Case Nr. 156/14.5TTMAI.P1
LINK DGSI

Headline:

The expiration of a contract does not entail the invalidy of the arbitration agreement inserted in such contract.

Summary:

A sports employment contract requires a

September 7, 2018January 19, 2020

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

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.

September 6, 2018January 19, 2020

Lisbon Court of Appeal | Application of the new Arbitration Act ratione temporis | 14-04-2016 | Case #050

Lisbon Court of Appeal
Date: 14-04-2016
Case Nr. 2455/13.4YYLSB-A.L1-2
LINK DGSI

Headline:

If the LAV of 1986 is in force at the time that the parties submitted the request for arbitration, this will be the law applicable to arbitration

September 5, 2018January 19, 2020

Lisbon Court of Appeal | Arbitrators’ Fees | 04-12-2014 | Case #048

Lisbon Court of Appeal
Date: 04-12-2014
Case Nr. 1181/14.1YRLSB.L1-6
LINK DGSI

Headline: Arbitral tribunals are prevented from fixing fees manifestly disproportionate to the service they provide.

Summary:

Notwithstanding the economic value of the interests in dispute, the total … Read more

September 4, 2018January 19, 2020

Lisbon Court of Appeal | Amendments to the Memorials | Amendment of the Relief Sought | Ultra Petita| 27-11-2014 | Case #047

Lisbon Court of Appeal
Date: 27-11-2014
Case Nr. 703/14.2YRLSB.L1-2
LINK DGSI

Headline:

An arbitral tribunal has not exceeded its power when it declares relief pursuant to an amendment to the memorials in the arbitration, as long as there has

September 3, 2018January 19, 2020

Lisbon Court of Appeal | Application of the New Arbitration Act Ratione Temporis | 11-06-2013 | Case #046

Lisbon Court of Appeal
Date: 11-06-2013
Case Nr. 955/12.2YRLSB-7
LINK DGSI

Headline:

The 2011 LAV cannot apply to arbitration proceedings initiated before its entry into force, unless all the parties to the arbitration expressly or tacitly agree to

September 2, 2018January 19, 2020

Porto Court of Appeal | Annulment of the arbitral award | Supplementation by the Arbitral Tribunal | 23-06-2015 | Case #052

Porto Court of Appeal
Date: 23-06-2015
Case Nr. 9/15.0YRPRT
LINK DGSI

Headline:

The arbitral award may be supplemented by the arbitral tribunal to correct any deficiency that may produce its invalidity.

The supplementation can be made while an ongoing

September 1, 2018January 19, 2020

Porto Court of Appeal | Partial annulment of an arbitral award | Lack of motivation | 04-06-2013 | Case #051

Porto Court of Appeal
Date: 04-06-2013
Case Nr. 119/13.8YRPRT
LINK DGSI

Headline:

If the arbitral tribunal failed to deal with all the matters submitted to arbitration, the award shall only be annulled partially, with regard to the part that

August 31, 2018January 19, 2020

Lisbon Court of Appeal | “ex aequo et bono” | Motivation of Arbitral Awards | Procedural guarantees | 15-03-2016 | Case #049

Lisbon Court of Appeal
Date: 15-03-2016
Case Nr. 871/15.6YRLSB-7
LINK DGSI

Headline:

An arbitral award may only be set aside if extremely exceptional circumstances occur, such as the violation of fundamental principles of due process that may have had

August 30, 2018January 19, 2020

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 01-02-2018 | Case #023

Lisbon Court of Appeal
Date: 01-02-2018
Case Nr. 1320/17.0YRLSB-8
LINK DGSI

Headline:

The Arbitrator’s prior opinion on a given issue does not in itself imply a lack of independence or impartiality.

Summary:

The fact that the arbitrator has

Porto Court of Appeal Date: 03-11-2014 Case Nr. 156/14.5TTMAI.P1 LINK DGSI

Headline:

The expiration of a contract does not entail the invalidy of the arbitration agreement inserted in such contract.

Summary:

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.

Lisbon Court of Appeal Date: 14-04-2016 Case Nr. 2455/13.4YYLSB-A.L1-2 LINK DGSI

Headline:

If the LAV of 1986 is in force at the time that the parties submitted the request for arbitration, this will be the law applicable to arbitration

Lisbon Court of Appeal Date: 04-12-2014 Case Nr. 1181/14.1YRLSB.L1-6 LINK DGSI

Headline: Arbitral tribunals are prevented from fixing fees manifestly disproportionate to the service they provide.

Summary:

Lisbon Court of Appeal Date: 27-11-2014 Case Nr. 703/14.2YRLSB.L1-2 LINK DGSI

Headline:

An arbitral tribunal has not exceeded its power when it declares relief pursuant to an amendment to the memorials in the arbitration, as long as there has

Lisbon Court of Appeal Date: 11-06-2013 Case Nr. 955/12.2YRLSB-7 LINK DGSI

Headline:

The 2011 LAV cannot apply to arbitration proceedings initiated before its entry into force, unless all the parties to the arbitration expressly or tacitly agree to

Porto Court of Appeal Date: 23-06-2015 Case Nr. 9/15.0YRPRT LINK DGSI

Headline:

The arbitral award may be supplemented by the arbitral tribunal to correct any deficiency that may produce its invalidity.

The supplementation can be made while an ongoing

Porto Court of Appeal Date: 04-06-2013 Case Nr. 119/13.8YRPRT LINK DGSI

Headline:

If the arbitral tribunal failed to deal with all the matters submitted to arbitration, the award shall only be annulled partially, with regard to the part that

Lisbon Court of Appeal Date: 15-03-2016 Case Nr. 871/15.6YRLSB-7 LINK DGSI

Headline:

An arbitral award may only be set aside if extremely exceptional circumstances occur, such as the violation of fundamental principles of due process that may have had

Lisbon Court of Appeal Date: 01-02-2018 Case Nr. 1320/17.0YRLSB-8 LINK DGSI

Headline:

The Arbitrator’s prior opinion on a given issue does not in itself imply a lack of independence or impartiality.

Summary:

Porto Court of Appeal
Date: 03-11-2014
Case Nr. 156/14.5TTMAI.P1
LINK DGSI

Supreme Court of Justice
Date: 06-04-2017
Case Nr. 416/16.0YRLSB.S1
LINK DGSI

Lisbon Court of Appeal
Date: 14-04-2016
Case Nr. 2455/13.4YYLSB-A.L1-2
LINK DGSI

Lisbon Court of Appeal
Date: 04-12-2014
Case Nr. 1181/14.1YRLSB.L1-6
LINK DGSI

Lisbon Court of Appeal
Date: 27-11-2014
Case Nr. 703/14.2YRLSB.L1-2
LINK DGSI

Lisbon Court of Appeal
Date: 11-06-2013
Case Nr. 955/12.2YRLSB-7
LINK DGSI

Porto Court of Appeal
Date: 23-06-2015
Case Nr. 9/15.0YRPRT
LINK DGSI

Porto Court of Appeal
Date: 04-06-2013
Case Nr. 119/13.8YRPRT
LINK DGSI

Lisbon Court of Appeal
Date: 15-03-2016
Case Nr. 871/15.6YRLSB-7
LINK DGSI

Lisbon Court of Appeal
Date: 01-02-2018
Case Nr. 1320/17.0YRLSB-8
LINK DGSI