LISBON ARBITRATION

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 arbitral institutions. As regards arbitration in particu...

According to most laws and regulations regarding arbitration, the parties may freely agree on the rules governing the proceedings and, in the absence of such agreement, the arbitral tribunal defines and conducts the arbitral proceedings under the rules that it considers appropriate [1] . The arbitral tribunal has, typically, broad discretion and room for flexibility when conducting the arbitral proceedings, within certain limits: firstly, the boundaries arising from the agreement of the...

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 (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 counterpart that the seat of ar...

… saved! In a recent decision of 20 February 2018 [1], the Cour de droit civil of the Swiss federal court rejected an important and aggressive annulment request of the arbitral award of 9 March 2017 rendered, in the context of international arbitration, by the Court of Arbitration for Sport (CAS), in the case RFC Seraing v. FIFA, CAS 2016/A/4490. The basis for the annulment request was, among others, the lack of independence of the CAS’ arbitrators owing, according to the annulment requ...

1. Due to the fact that the 2011 Portuguese Arbitration Law (2011 PAL) has not provided – contrary to what the 1986 Portuguese Arbitration Law (1986 PAL) had done, in its Article 27(3) – on the manner how to handle, cumulatively, the annulment request of the arbitral award before the State courts and an appeal lodged against it (in cases where the parties had reserved in their arbitration agreement, the latter right of appeal), it is debated among Portuguese legal commentators how the int...