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Category: Lisbon Court of Appeal

Posted on August 29, 2018January 19, 2020

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 03-10-2017 | Case #022

Lisbon Court of Appeal
Date: 03-10-2017
Case Nr. 1177/17.1YRLSB-7
LINK DGSI

Headline:

In cases where omission to disclose is of substance that is fundamental in nature, this in itself would point towards a lack of independence or impartiality. Where

… Read more
Posted on August 26, 2018January 19, 2020

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | IBA Guidelines | Challenge of Arbitrator | 13-09-2016 | Case #021

Lisbon Court of Appeal
Date: 13-09-2016
Case Nr. 581/16.7YRLSB.-1
LINK DGSI

Headline:

A challenge to an arbitrator’s independence and impartiality is to be determined through an objective criterion, and not through the eyes of either party.

A nomination for

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

Lisbon Court of Appeal | Enforcement of Arbitral Awards | Grounds for Resisting Enforcement | 12-07-2012 | Case #0035

Lisboa Court of Appeal
Date: 12-07-2012
Case Nr. 2191/11.6YYLSB-A.L1-7
LINK DGSI

Headlines:

An arbitral award equates to a court judgment for the purposes of an enforcement procedure. The award debtor may not invoke there any ground that he could

… Read more
Posted on August 19, 2018September 16, 2025

Lisbon Court of Appeal | New York Convention 1958 | Liquidated Damages Clause | International Public Policy | 12-07-2012 | Case #030

Lisbon Court of Appeal
Date: 12-07-2012
Case Nr. 7328/10.0TBOER.L1-1
LINK DGSI

Related CASE: Supreme Court of Justice | 14-03-2013 | Case #031

Headline:

Evidences of the circumstances set forth in Art. V(1) of the NYC shall be introduced within

… Read more
Posted on August 18, 2018January 19, 2020

Lisbon Court of Appeal | New York Convention 1958 | Staying of the Recognition Procedure and Posting Adequate Security| 30-06-2011 | Case #0029

Lisbon Court of Appeal
Date: 30-06-2011
Case Nr. 2004/08.6TVLSB-A-7
LINK DGSI

Headline:

Art. VI of New York Convention provides for the staying of the recognition procedure when the annulment of the award is pending in the contracting State in

… Read more
Posted on August 16, 2018January 19, 2020

Lisbon Court of Appeal | New York Convention 1958 | Recognition before Enforcement | 08-06-2010 | Case #0027

Lisbon Court of Appeal
Date: 08-06-2010
Case Nr. 243/10.9YRLSB-7
LINK DGSI

Headline:

An arbitral award rendered in a country party to the New York Convention needs to be recognised in Portugal before it is enforced.

Summary:

  1. A foreign
… Read more
Posted on August 16, 2018January 19, 2020

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 29-09-2015 | Case #0020

Lisbon Court of Appeal
Date: 29-09-2015
Case Nr. 827/15.9YRLSB-1
LINK DGSI

Headline:

Non-disclosure of relevant circumstances may lead to justifiable doubts against an arbitrators independence and impartiality.  

Summary:

  1. The arbitrator did not disclose at the time of
… Read more
Posted on August 15, 2018January 19, 2020

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 24-03-2015 | Case #019

Lisbon Court of Appeal
Date: 24-03-2015
Case Nr. 1361/14.0YRLSB.L1-1
LINK DGSI

Headline:

Arbitrator can be disqualified for being repeatedly appointed by same party/law firm if the circumstances in question give rise to justifiable doubts.

Provisions under IBA Guidelines on

… Read more
Posted on August 11, 2018January 19, 2020

Lisbon Court of Appeal | Arbitrators’ Fees | 14-07-2016 | Case #0015

Lisbon Court of Appeal
Date: 14-07-2016
Case Nr. 660/16.0YRLSB-2
LINK DGSI

Headline:

In the absence of a prior agreement of the parties, arbitrators can decide on their own fees. 

Summary:

1. As per Art. 17 (2) of the … Read more

Posted on August 10, 2018January 19, 2020

Lisbon Court of Appeal | Arbitration Clause in Framework Agreement | Negative Kompetenz-Kompetenz | 05-11-2015 | Case #014

Lisbon Court of Appeal
Date: 05-11-2015
Case Nr. 2672-14.0T8LSB.L1-6
LINK DGSI

Headlines:

An arbitration clause in a framework agreement is applicable to contracts concluded under it. The failure to raise objections to the court’s jurisdiction on a dispute arising … Read more

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