LISBON ARBITRATION

Authorship: Ricardo Neto Galvão.   Arbitration affords countless advantages to parties relative to courts, including more relaxed rules, adaptability to the specific case and swifter proceedings. This explains why more and more arbitration agreements are being executed and why the use of this alternative dispute resolution mechanism is burgeoning. But this veritable “boom” of arbitral proceedings also brought certain existing doubts regarding the interpretation of existing laws to the fore. ...

Authorship: Joana Galvão Teles.  [ 1] As is generally known, by the Achmea decision dated 6 March 2018, the Court of Justice of the European Union (CJEU) decided that the arbitration clause included in the Bilateral Investment Treaty (BIT) entered into between the Netherlands and the former Czechoslovakia in 1991 (Netherlands-SlovakiaBIT) is incompatible with European Union (EU) law. However, as it is also known, the relevance of this case goes well beyond its facts and the amounts i...

Authorship: Carolina Pitta e Cunha e Isabel Rebello de Andrade.  The current pandemic, caused by SARS CoV-2 and COVID-19 (“ COVID-19 pandemic ” or “ pandemic ”), has had, and will likely continue to have, in the coming months, a very significant impact on several social and economic sectors, in particular, on the justice sector and on the activity of state courts and individuals that provide services in this sector, including lawyers, judges and arbitrators, as well as other entities, such as...

Authorship: Fárima Dermawan.  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 Arbit...

Authorship: Maria Almeida e Silva.  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 docume...