LISBON ARBITRATION

On the 29 August 2018 the Cour d’appel of Brussels rendered a decision that was widely reported as potentially causing an ‘earthquake’ in sports arbitration. Is that really the case? Analysing a dispute between, among others, Doyen Sports Investments Limited (“Doyen”) and the Belgian club ASBL Royal Football Clube Seraing United (“Seraing”) against FIFA, UEFA and La Union Royale Belge des Sociétés de Football Association ASBBL (“ASBL”), the Cour d’appel decided that the clause of arbitra...

If one had to name this year’s most groundbreaking decision regarding investment arbitration in Europe that would probably be the Achmea judgment, rendered by the Court of Justice of the European Union (CJEU) on March 6, 2018 [1] . And the year hasn’t even ended… In that judgment, the CJEU ruled that the arbitration clause contained in Article 8 of the bilateral investment treaty entered into by the Netherlands and the former Czechoslovakia in 1991 [2] (‘Netherlands-Slovakia BIT’ ),...

In Portugal, the recognition and enforcement of foreign arbitral awards are governed by the provisions of the New York Convention, treaties and conventions which are binding on the Portuguese State and articles 55 to 58 of the Portuguese Arbitration Law (PAL). Under article 55 of PAL, “Without prejudice to the mandatory provisions of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as well as to other treaties or conventions which are binding on the P...

Among other reputed arbitral institutions, Delos Dispute Resolution was founded back in 2014, and was introduced as an arbitral institution devoted to respond to the needs of businesses globally for time and cost efficiency in the resolution of disputes through arbitration. Considering that the seat of the arbitration is one of the most consequential aspects of this particular dispute resolution method, Delos intended to provide its users the information and tools necessary for a conscious...

Lisbon Arbitration was born with the ambition of being a major project for Morais Leitão, Galvão Teles, Soares da Silva e Associados (MLGTS), but also with the ambition of being yet another cog in the wheel of affirming Lisbon as one of the capitals of international arbitration. Recently, when negotiating an arbitration agreement, one of the largest companies of the Portuguese-speaking countries outside of Europe proposed to its North American counterpart that the seat of arbitration should b...