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Category: Lisbon Court of Appeal

Posted on October 6, 2018January 19, 2020

Lisbon Court of Appeal | Arbitration’s Costs | Motivation of the arbitral award | 13-02-2014 | Case #041

Lisbon Court of Appeal
Date: 13-02-2014
Case Nr. 1053/13.7YRLSB-2
LINK DGSI

 

Headline:

It is up to the arbitral tribunal to decide on their fees and other costs of the arbitration. It shall not be annulled a final award

… Read more
Posted on October 1, 2018January 19, 2020

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

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 … Read more

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 28, 2018January 19, 2020

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

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

… Read more
Posted on September 27, 2018January 19, 2020

Lisbon Court of Appeal | Arbitrators’ Fees | 01-07-2014 | Case #064

Lisbon Court of Appeal
Date: 01-07-2014
Case Nr. 200/14.6YRLSB-7
LINK DGSI

Headline:

Complexity of the case, time consumed, (and other) factors must be considered when fixing the arbitrator’s fees.   

Summary:

  1. When fixing the arbitrators’ fees, it
… Read more
Posted on September 26, 2018January 19, 2020

Lisbon Court of Appeal | Compulsory Penalty | Motivation of the arbitral award | 13-02-2014 |Case #040

Lisbon Court of Appeal
Date: 13-02-2014
Case Nr. 724/13.2YRLSB-8
LINK DGSI

Headline:

In the absence of an express provision providing jurisdiction, arbitral tribunals cannot impose periodic penalty payments.  

Arbitral awards that do not explain relevant facts should be … Read more

Posted on September 25, 2018January 19, 2020

Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | 21-06-2018 | Case #067

Lisbon Court of Appeal
Date: 21-06-2018
Case Nr. 2384/17.2YRLSB.L1-8
LINK DGSI

Headline:

In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is admitted to contest the claim by raising an objection grounded

… Read more
Posted on September 24, 2018January 19, 2020

Lisbon Court of Appeal | Arbitrators’ Fees | 10-09-2013 | Case #038

Lisbon Court of Appeal
Date: 10-09-2013
Case Nr. 297/13.6YRLSB-7
LINK DGSI

 

Headline: Arbitrators may consider circumstances such as the complexity of the issues decided, the value of the case and the time spent on arbitral proceedings to determine

… Read more
Posted on September 22, 2018January 19, 2020

Lisbon Court of Appeal | Arbitrators’ Fees | 06-02-2014 |Case #039

Lisbon Court of Appeal
Date: 06-02-2014
Case Nr. 866/13.4YRLSB-2
LINK DGSI

 

Headline:

Parties may challenge the amount of fees and expenses fixed by arbitrators in the state court. However, this right is lost if the parties have shown

… Read more
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

… Read more

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