LISBON ARBITRATION

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’ ),...

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...