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Tag: international arbitration

Posted on January 8, 2019January 19, 2020

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Decision on the Constitutionality and Res Judicata | 27-11-2018 | Case #83
Date: 27/11/2018
Case Nr. 1030/12.5TVLSB.L1.S1.S2
Link DGSI HERE

Headline
It is up to the arbitral tribunal to decide on its

… Read more
Posted on January 8, 2019January 19, 2020

(Portugal) Supreme Court of Justice | Kompetenz-Kompetenz | Waiver of the right to challenge the lack of competence | 04-12-2018 | Case #84

(Portugal) Supreme Court of Justice
Case Nr. 598/17.4YRLSB S1
Date: 04/12/2018
Link DGSI HERE

Headlines
The arbitral tribunal has competence to decide on its own competence, and the appointment of an arbitrator by a party does not deprive it of

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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 December 14, 2018May 13, 2020

Why Arbitrate in Portugal? Reason 8 – Internationally Oriented Community

International Arbitration & Portugal

Internationally Oriented Community

International arbitration in Portugal has taken off in recent years, and as previous posts have discussed, there are a wide variety of compelling reasons why this has been the case. Past posts have … Read more

Posted on December 7, 2018December 11, 2020

Why Arbitrate in Portugal? Reason 7 – Supportive Courts

International Arbitration & Portugal

Supportive State Courts

In addition to the several previously mentioned advantages in regards to selecting Portugal as an all-encompassing jurisdiction for the resolution of international arbitration disputes, it is worthwhile mentioning the adaptive and supportive Portuguese … Read more

Posted on November 30, 2018April 2, 2020

Why Arbitrate in Portugal? Reason 6 – A Robust Legal System

International Arbitration & Portuguese Law

A robust legal system

When selecting a jurisdiction for international arbitration, as noted in previous posts, there are several important factors to consider, among them, is the legal system of the country chosen. Portugal has … Read more

Posted on November 23, 2018March 22, 2020

Why Arbitrate in Portugal? Reason 5 – Modern Country, Modern Facilities

Portugal & International Arbitration

Recently modernized infrastructures and facilities

Portugal is a developed country with many modern infrastructures and facilities. In recent times, Portugal has been considered a spearhead in terms of new technologies and IT solutions. This is especially … Read more

Posted on November 20, 2018January 19, 2020

(Portugal) Supreme Court of Justice | Negative Effects of the Arbitration Agreement | Hardship | 16-10-2018| Case #081

Supreme Court of Justice
Date: 16-10-2018
Case Nr. 2258/16.4T8CBR.C1.S1
LINK DGSI

Headline:  The arbitration agreement produces a negative effect that will force the court judge to dismiss the judicial procedure in which the arbitration agreement was invoked, unless it

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Posted on November 16, 2018March 9, 2020

Why Arbitrate in Portugal? Reason 4 – A Safe and Friendly Place

Portugal & International Arbitration

A safe, stable and reliable jurisdiction

Portugal, with its stable economic, political and legal systems has been growing increasing popular in the realm of being considered as an advantageous destination not only for tourism but also … Read more

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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