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Category: Lisbon Court of Appeal

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

… Read more
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:

… Read more
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
… Read more
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 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

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Posted on 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

Posted on 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

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Posted on 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

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Posted on 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

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Posted on 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:

  1. The fact that the arbitrator has
… Read more

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