International Arbitration in Portugal

Author: André Pereira da Fonseca; Dário Moura Vicente; Mariana França Gouveia; Alexandra Nascimento Correia; Filipe Vaz Pinto
Publisher: Kluwer Law International
ISBN: 9789403506357
Published In: September 2020
Format: Hardback
Jurisdiction: Portugal ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
About this book:

International Arbitration in Portugal is the first international publication in English that provides a comprehensive insight into the legal regime and practice of international arbitration in Portugal. Portugal holds a strategic position within a community that is vastly larger than the country itself, and the parties to cross-border disputes arising anywhere in the vast Portuguese-speaking world – a community of more than 230 million in a space that offers a wide array of investment opportunities across four continents – increasingly seek Portugal as their preferred seat of arbitration. A signatory to all relevant international conventions, Portugal has proven to be an ‘arbitration-friendly’ jurisdiction. The fact that Portugal is a signatory to the most relevant international conventions in different forms of dispute resolution has bolstered the confidence in the use of international arbitration in this country.

What’s in this book:

The authors, among the most highly regarded legal names in the country, describe how international arbitration proceedings are performed in Portugal, what cautions should be taken, and what procedural strategies may be suitable in particular cases. They provide insightful answers to questions such as the following:
- What matters can be submitted to arbitration under Portuguese law?
- What are the validity requirements for an arbitration agreement?
- How do the State courts interact with arbitration proceedings and what is the attitude of such courts towards international arbitration?
- What are the rules governing evidentiary matters in arbitration?
- How is an arbitration tribunal constituted?
- How are arbitrators appointed? How may they be challenged?
- How can an international arbitral award be recognized and enforced?
- How does the Portuguese legal system address the issue of damages and what specific damages are admitted?
- How are the costs of arbitration proceedings estimated and allocated?
The book includes analyses of arbitration related to specific fields of the law, notably sports, administrative, tax, intellectual property rights, especially concerning reference and generic medicines, and corporate disputes. Each chapter provides an examination of the applicable laws, rules, arbitration practice, positions taken by arbitral tribunals and state courts as well as those of the most highly considered scholars.

How this will help you:

As a detailed examination of the legal framework and of all procedural steps of arbitration in Portugal, from the drafting of an arbitration agreement to the enforcement of an award, this book constitutes an invaluable resource for parties involved in or considering an international arbitration in this country. As an invaluable resource for both Portuguese and foreign readers interested in international arbitration, the guidance that it seeks to provide in respect of any problem that is likely to arise in this context can be useful to arbitrators, judges, academics, and interested lawyers. The book also provides the reader with guidance in respect of the problems they may encounter in their professional or academic undertakings.
Editors

Contributors

Part I
Introductory Remarks

Introduction
André Pereira da Fonseca, Dário Moura Vicente, Mariana França Gouveia, Alexandra Nascimento Correia & Filipe Vaz Pinto

CHAPTER 1
Portugal as Strategic Seat for International Arbitration
Dário Moura Vicente

CHAPTER 2
The Portuguese Voluntary Arbitration Law: History and Overview
Filipe Vaz Pinto

Part II
General Legal framework

CHAPTER 3
Arbitrability
Alexandra Nascimento Correia

CHAPTER 4
The Arbitration Agreement
Paulo de Tarso Domingues

CHAPTER 5
Jurisdiction Issues and State Courts
Nuno Ferreira Lousa & Raquel Galvão Silva

CHAPTER 6
The Arbitral Tribunal
António Pedro Pinto Monteiro & João Ilhão Moreira

CHAPTER 7
The Conduct of Arbitral Proceedings
Ana Serra e Moura

CHAPTER 8
Third Parties, Cross Claims and Consolidation
Carla Gonçalves Borges, Leonor van Lelyveld & António Pestana Araújo

CHAPTER 9
Evidence
Sofia Ribeiro Mendes

CHAPTER 10
Interim Measures and Preliminary Orders
Mariana França Gouveia & Matilde Líbano Monteiro

CHAPTER 11
The Arbitral Award
Miguel Esperança Pina

CHAPTER 12
Choice of Law Issues
Elsa Dias Oliveira

CHAPTER 13
Damages and Interest
Rui Soares Pereira & Pacôme Ziegler

CHAPTER 14
Challenge of Arbitral Awards
António Sampaio Caramelo

CHAPTER 15
Recognition and Enforcement of Foreign Arbitral Awards
Guilherme Santos Silva

CHAPTER 16
Costs and Fees
Duarte Gorjão Henriques

Part III
Institutional and Specialized Forms of Arbitration in Portugal

CHAPTER 17
Commercial Arbitration Centres
Sofia Martins

CHAPTER 18
Sports Arbitration
André Pereira da Fonseca

CHAPTER 19
Administrative Arbitration
Rui Medeiros & Marta Portocarrero

CHAPTER 20
Tax Arbitration
Nuno Villa-Lobos & Tânia Carvalhais Pereira

CHAPTER 21
Arbitration and Intellectual Property Rights
Joaquim Shearman de Macedo & Sofia Rebelo Ladeira

CHAPTER 22
Corporate Disputes Arbitration
Rui Pereira Dias

Index