and Duarte G. Henriques, BCH Lawyers 1. Until very recently the swaps industry seemed to be reluctant to use alternative dispute resolution or at least was very indifferent as to the choice of the dispute resolution mechanism, with disputes almost always being left for the courts of either London or New York to decide, these…

It is fair to say that arbitration is already a widespread dispute mechanism in Portugal, broadly used not only for commercial disputes but also for disputes in other areas such as, for example, consumer, administrative and tax disputes. As for intellectual property, the possibility of submitting disputes to arbitration has been a reality in Portugal…

Seemingly not a month goes by without a new arbitral institution springing up, from Turkey to Bulgaria, from Georgia to Jerusalem, and from Cambodia to Rwanda. Establishing a new arbitration center, however, is not simply a matter of finding office space or picking a name.  In fact, picking a name can barely even be considered…

and Rute Alves, PLMJ Sociedade de Advogados 1. Legal and practical background Pursuant to Article 17(3) of the Portuguese Voluntary Arbitration Law (Law no. 63/2011 of 14 December – hereinafter “LAV”), any party may request the competent state court to reduce the amount of the fees fixed by the arbitrators if they were not agreed…

By José Miguel Júdice and Luís Castilho, PLMJ – Sociedade de Advogados Three years after the entry into force of the Portuguese Tax Arbitration Regime, the European Court of Justice (“the Court”) has, in the Ascendi Case (Case 377/13), finally issued a groundbreaking decision regarding the long standing question of whether the Tax Arbitral Court…

I. The Court of Appeal of Lisbon recently granted recognition of an arbitral award made in Paris, under the Rules of Arbitration of the ICC, holding that the Portuguese law applicable to the Agency Agreement, in spite of being of mandatory nature, do not constitute part of the international public policy of the Portuguese state…

In his “Kiev Arbitration Days” after-dinner speech in November 2012 (“BITS, BATS and BUTS”), Gary Born presented a suggestion that can leave no one indifferent (speech published as “Essay” by Young Arbitration Review, March 2014 Edition). His idea is to take advantage of the legal framework and experiences gained from the world of investment arbitration…

The Board of Directors of the “ACL Arbitration Centre” (the Arbitration Centre of the “Portuguese Chamber of Commerce and Industry – Lisbon Commercial Association”) recently approved a new set of rules for arbitration proceedings administrated under its auspices. Along with the new rules, the Board also approved an “Arbitrator’s Code of Ethics”. Divided into 9…