Lack Financial Means – ARBITRATION PORTUGAL

March 26, 2019January 19, 2020

Guimarães Court of Appeal | Supervening Impecuniosity | Ineffectiveness of the Arbitration Agreement | 21-02-2019 | Case #088

Guimarães Court of Appeal
Date: 21-02-2019
Case Nr. 317/18.8T8PRT.G1
LINK DGSI

Headline:

The supervening economic impossibility of the signatories of an arbitration agreement (preventing them from bearing the inevitable costs of such dispute resolution mechanism), may constitute a manifest

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
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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

August 3, 2018January 19, 2020

Lisbon Court of Appeal | Kompetenz-Kompetenz | Financial Distress of one of the Parties does not render the Arbitration Clause Inoperative | 22-09-2015 | Case #007

Lisbon Court of Appeal
Date: 22-09-2015
Case Nr. 1212/14.5T8LSB.L1-7
LINK DGSI

Related CASE: Decision of the Supreme Court of Justice of 26-04-2016 HERE

Headlines:
The arbitral tribunal is competent to decide the validity of the arbitration agreement, unless such invalidity