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: 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...
Authorship: António Sampaio Caramelo. 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 l...
Authorship: Cristiana Gonçalves Correia. Much has been said and written in the last couple of years about Artificial Intelligence and its possible impact in the legal practice. Experts seem, however, far from reaching a consensus on the effects that the so-called “next industrial revolution” may have on the legal business. Will lawyers be replaced by robots? What about arbitrators? Are traditional practitioners about to go on their Last Crusade? The term “Artificial Intelligence” is said t...
Authorship: Mariana Soares David. After three years of debate, on 26 June 2018, in its 51 st annual session held in New York, Uncitral approved final drafts for a Convention on the Enforcement of Mediation Settlement Agreements (hereinafter “the Singapore Mediation Convention”) and for a Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (hereinafter “the Mediation Model Law”). These drafts will be submitted to the Commissi...
Authorship: Digo Pinto. 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 co...
Authorship: António Pinto Leite. Lisbon Arbitration was born with the ambition of being a major project for Morais Leitão, Galvão Teles, Soares da Silva e Associados (Morais Leitão), 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 coun...
Authorship: Filipe Vaz Pinto Mozambique has been witnessing a number of high-profile investments instrumental to the development of the country’s very significant natural resources, particularly coal and natural gas. The Nacala Corridor Railway and Port Project, sponsored by Brazilian mining company Vale to export coal from the Moatize coal mines, and the Liquefied Natural Gas (LNG) Projects in the Rovuma Basin in the north of the country, by Anadarko and Eni/Exxon Mobil, deserve a spe...
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