Lisbon Arbitration is a new platform created by the Morais Leitão International Arbitration Team to provide specialized information on arbitration from the standpoint of Portuguese practitioners.
On 5 November 2019, the Macau Official Gazette announced the publication of Law no. 19/2019, the new arbitration law of the Macau SAR (“New Arbitration Law”). This legislation will come into force on 4 May 2020. The full text of the legislation can be found here . The New Arbitration Law replaces the current regime set out more than 20 years ago and introduces important amendments to the arbitration legal framework of Macau. The key changes in the New Arbitration Law include: 1. One sin...
It is widely accepted in the international arbitration community that arbitral tribunals may draw adverse inferences from a party’s failure to produce a document requested in the proceedings. As an example of that, the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) specifically recognize this possibility in Article 9.5. In this context, an adverse inference can be described as the presumption that an unproduced document is unfavourable to the interests of the p...
1. Not rarely, in legal commentary dedicated to arbitration law (and, under its influence, in some courts’ decisions) one comes across the proposition that the court before which an arbitral award was challenged is “prohibited from examining the merits of the decision rendered by the arbitral tribunal”. In this article, we intend to show that this proposition is more mythological than real and cannot be accepted, if understood in accordance with the literal meaning of the words forming ...
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