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Category: Annulment Arbitral Award

Posted on July 15, 2019January 19, 2020

Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019| Case #95

Lisbon Court of Appeal | Motivation of Arbitral Awards | Annulment | 27-06-2019 | Case nr. 2794/18.8YRLSB.L1-2 | Case #95
LINK DGSI

Headline:

According to the Portuguese Arbitration Law, an arbitration award which lacks reasoning shall be considered null and

… Read more
Posted on December 21, 2018January 19, 2020

Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082

Guimarães Court of Appeal | Annulment of the Arbitral Award | Res judicata | 15-11-2018| Case #082
Date: 15-11-2018
Case Nr. 156/18.6YRGMR
LINK DGSI

Headline:

The defects that can justify the action for annulment of the arbitral award are

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Posted on November 13, 2018January 19, 2020

(Portugal) Supreme Court of Justice | Enforcement of the Arbitral Award | Res Judicata | Annulment of the Arbitral Award | 04-10-2018 | Case #080

Supreme Court of Justice
Date: 04-10-2018
Case Nr. 10758/01.4TVLSB-A.L1.S1
LINK DGSI

Headline:

The Old Arbitration Law (1986) will apply to enforcement procedures initiated before the New Arbitration Law came into force.

The Old Arbitration Law provided for the following mechanisms

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Posted on November 13, 2018January 19, 2020

(Portugal) Supreme Court of Justice | Annulment of the Award | Lack of Motivation | Liquidated Damages | 27-09-2018 | Case #079

Supreme Court of Justice
Date: 27-09-2018
Case Nr. 776/17.6YRLSB.S1
LINK DGSI

Headline:

In a lawsuit for the annulment of an arbitral award, the appeal against the decision of the Court of Appeals is admissible before the Supreme Court, provided

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Posted on September 30, 2018January 19, 2020

Lisbon Court of Appeal | Modification of Arbitral Awards | 28-01-2016 | Case #070

Lisbon Court of Appeal | Modification of Arbitral Awards | 28-01-2016
Date: 28-01-2016
Case Nr. 660/15.8YRLSB-2
Link DGSI

Headlines
An arbitral award may be modified if the facts on which it was based have subsequently suffered a material change.

 … Read more

Posted on September 21, 2018January 19, 2020

Supreme Court of Justice (Portugal) | Application of the new Arbitration Act ratione temporis | Appeal and Setting Aside | 13-07-2017 | Case #044

Supreme Court of Justice
Date: 13-07-2017
Case Nr. 2455/13.4YYLSB-A.L1.S1
LINK DGSI

Headline:

Arbitrations commenced before the 2011 LAV entered into force, regardless of when the arbitral award is rendered.

Examination of the merits of the arbitral award is possible

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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 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 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

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