I was recently admitted as arbitrator in the list of international arbitrators of the International Centre for Dispute Resolution (ICDR). The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA) and the world’s leading provider of dispute resolution services to businesses in matters involving cross-border transactions.
“Costs and Fees”, International Arbitration in Portugal, André Pereira da Fonseca et al. eds., Wolters Kluwer, 2020 How much is this going to cost me? This is the first question one asks when thinking about initiating an arbitration. The article “Costs and Fees” endeavours to answer that question regarding the Portuguese arbitration practice and legal […]
I am deeply honoured and immensely proud for being ranked as “Thought Leader” in International Arbitration by Who’s Who Legal Arbitration 2020.Many thanks to my peers, clients and friends who contribute for this ranking. Many thanks to my Victoria Associates friends!! You can read my Q&A HERE!
I have just been elected Chairman of the Insurance Arbitration Center (“CIMPAS – Centro de Informação, Mediação e Arbitragem de Seguros”), in Lisbon, for a 3 years term. It is for me a great honour and responsibility. The center holds an impressive number of cases: around 1,700 / year are decided by arbitration. The Cimpas […]
Arbitration and blockchain in the banking and financing sector, WAMR 2018 – Vol. 12, No. 2, 2018
I’ve been appointed as member of the International Advisory Board of the Vienna International Arbitral Centre. The term will run from 2020 to 2022. Check the composition of the International Advisory Board HERE.
The Prague Rules: “De-crystallizing International Practices? Published in the Revista Internacional de Arbitragem e Conciliação – Year XII – 2019
This note attached considers the framework for arbitration in Portugal, as set out by the Portuguese Voluntary Arbitration Law, taking into consideration some applicable provisions of the Civil Code of Procedure and case law. It deals with all aspects of arbitration by describing the main features of a Portuguese arbitral process, from the preparation of a valid arbitration agreement to the enforcement of arbitral awards.
The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration – Romanian Arbitration Journal, Year 13, Nr. 2/2019 (April-June 2019)
Arbitrating Disputes in Third-Party Funding: A Parallel With Arbitration in the Financing Sector, The International Journal of Arbitration, Mediation and Dispute Management, Volume 85 Issue 2 May 2019
MY ARBITRATION PHILOSOPHY | STATEMENT 1. It is not acceptable for an arbitrator to delegate work to a junior lawyer who is not a member of the tribunal. 2. When the complexity of the case so justifies, it is acceptable for a tribunal to appoint a secretary to assist it with the administrative tasks relating […]
Arbitrating Disputes in Third-Party Funding: A Parallel With Arbitration in the Financing Sector The topic of Third-Party Funding in international arbitration has been almost exhaustedly debated. However, little — if any — relevance has been given to the use of dispute resolution mechanisms in the context of litigation financing. It can be said that […]
(World Map – Legal Systems) Launch of The Prague Rules On 14 December, the Prague Rules baby finally cried! After more than 3 years of discussions, surveys conducted in a number of jurisdictions of the “civil law”, drafts, consultations and public discussions held in various places across the globe, the Prague Rules were finally signed. […]
International Arbitration & Portugal Internationally Oriented Community International arbitration in Portugal has taken off in recent years, and as previous posts have discussed, there are a wide variety of compelling reasons why this has been the case. Past posts have touched upon some aspects of how Portugal is internationally oriented in […]
Just received the news this morning. Congratulations on Your Engagement as SCIA Arbitrator Distinguished Arbitrator, Established in 1983 at the start of China’s reform and opening-up, the Shenzhen Court of International Arbitration (also known as the “Shenzhen Arbitration Commission” and the “South China International Economic and Trade Arbitration Commission”, hereinafter the “SCIA”) is the first […]
International Arbitration & Portugal Supportive State Courts In addition to the several previously mentioned advantages in regards to selecting Portugal as an all-encompassing jurisdiction for the resolution of international arbitration disputes, it is worthwhile mentioning the adaptive and supportive Portuguese state courts. As touched upon in previous posts, Portugal shares historic and legal roots with […]
International Arbitration & Portuguese Law A robust legal system When selecting a jurisdiction for international arbitration, as noted in previous posts, there are several important factors to consider, among them, is the legal system of the country chosen. Portugal has recently implemented some changes to its legal system, including to international arbitration laws, […]
Portugal & International Arbitration Recently modernized infrastructures and facilities Portugal is a developed country with many modern infrastructures and facilities. In recent times, Portugal has been considered a spearhead in terms of new technologies and IT solutions. This is especially relevant in terms of the fact that many of these new technologies have also […]
The Prague Rules: A Regression or a Step Towards More Efficiency? Publication is forthcoming in the New York Dispute Resolution Lawyer, Vol. 12 No. 1 (Spring 2019), a publication of the New York State Bar Association
“A Regulação de Third-Party Funding” XI Congresso do Centro de Arbitragem Comercial, Intervenções, Almedina, 2018
“The Prague Rules: Competitor, Alternative or Addition to the IBA Rules on the Taking of Evidence in International Arbitration?” ASA Bull. 2/2018, 351 et seq. (image may not correspond to the edition where the article was published)
“Cláusulas Penales en Arbitraje Internacional: Una Introducción Comparativa”, 2019, forthcoming
“Penalty Clauses in International Arbitration: a comparative snapshot” World Arbitration and Mediation Review – Florida International University, 2017 – WAMR 2017 – Vol. 11, No. 4
“Portugal e as IBA Guidelines: Desinvestir na virtude?” Revista de Direito Comercial, 2018
“A Proibição de Excesso e a Ordem Pública Internacional de Portugal” Revista de Arbitragem e Mediação—RArb, vol. 56. ano 17, São Paulo: Ed. RT, jan.-mar. 2018 (image may not correspond to the edition where the article was published)
Report on Third Party Funding for the Vienna Arbitration Days (2017), with Nefeli Lamprou Austrian Yearbook on International Arbitration 2018
“Third-Party Funding : In Search of a Definition” American Review of International Arbitration, 2018
“Third Party Funding: a Protected Investment?” Spain Arbitration Review, nr. 30, 2017 (image may not correspond to the edition where the article was published)
“Tax Arbitration in Portugal”, with Dr. Werner Muller Schieds VZ 2016, November
“Arbitral awards modifying arbitral awards? The principle of “equilibrium” of arbitral awards” European International Arbitration Review, Vol. 4:2
Arbitration in Swaps: the Portuguese experience, with Prof. Paula Costa e Silva Arbitration International, 2016, 0, 1–25 — doi: 10.1093/arbint/aiw014
“Third Party Funding” ou o Financiamento de Litígios por Terceiros em Portugal” Revista do Ordem dos Advogados” III/IV 2015 (image may not correspond to the edition where the article was published)
Regras para Nomeação de Árbitros. O exemplo do Centro de Arbitragem Comercial da Câmara de Comércio e Indústria Portuguesa, with José-Miguel Júdice Revista de Arbitragem e Mediação, vol. 46, ano 12, p. 241-254, São Paulo, Ed. RT, jul-set 2015 (image may not correspond to the edition where the article was published)
The role of good faith in arbitration: are arbitrators and arbitral institutions bound to act in good faith? 33 ASA BULLETIN 3/2015 (SEPTEMBER) (image may not correspond to the edition where the article was published)
Arbitration in Portugal Practical Law – Thomson Reuters, July 2015 DOWNLOAD IT HERE
Arbitraje de Disputas Tributarias en Portugal Y Reflexiones Sobre Su Posible Implantación en España Spain Arbitration Review, No. 23/2015, at 95
Arbitrability Of Copyrights In Portugal MEALEY’S International Arbitration Report Vol. 30, #5 May 2015
Pathological arbitration clauses, good faith and the protection of legitimate expectations Arbitration International 31(2) 349 (2015)
I Will Not Go That Way: What The International Public Policy Of The Portuguese State Is Not MEALEY’S International Arbitration Report Vol. 30, #2 February 2015
Lidando com os BUTs dos BATs no direito português Rev. Arb. Med., Vol. 11, No. 42, at 213 (2014) (image may not correspond to the edition where the article was published)
A extensão da convenção de arbitragem no quadro dos grupos de empresas e da assunção de dívidas: um vislumbre de conectividade Revista da Ordem dos Advogados, year 74, nr. 1, jan-mar 2014, at. 141-179 (image may not correspond to the edition where the article was published)
Dealing with the “BUTs” of “BATs” within the Portuguese jurisdiction Young Arbitration Review, April 2014, on-line edition (www.yar.com.pt) (image may not correspond to the edition where the article was published)
The Extension of Arbitration Agreements: A “Glimpse” of Connectivity ASA Bulletin, Volume 32, No. 1, 2014, p. 18.
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 in the Portuguese Case Law Romanian Arbitration Journal, year 8, nr. 4, oct-dec 2014, vol. 32, at 29 (image may not correspond to the edition where the article was published)
A Convenção de Nova Iorque sobre o Reconhecimento e Execução de Sentenças Arbitrais de 1958 na Jurisprudência Portuguesa (2013) www.arbitragem.pt DOWNLOAD IT HERE
Cláusulas Arbitrais Assimétricas: uma perspectiva portuguesa Rev. Arb. Med., Vol. 11, No. 41, at 45 (2014) (image may not correspond to the edition where the article was published)
Asymmetrical arbitration clauses under the Portuguese Law Young Arbitration Review, October 2013, on-line edition (www.yar.com.pt) (image may not correspond to the edition where the article was published)
Notas sobre a Arbitrabilidade de Litígios no Âmbito dos Direitos sobre Programas de Computador THEMIS Revista da Faculdade de Direito da UNL, Ano XII, Nºs24/25, 2013, at. 233-293 (image may not correspond to the edition where the article was published)
Fundamentação de laudos arbitrais no direito português: Algumas notas Rev. Arb. Med., Vol. 10, No. 39, at 155 (2013) (image may not correspond to the edition where the article was published)
The IBA Guidelines on Conflicts of Interest: Portuguese courts differ Lexis PSL Arbitration Read it HERE
Interim remedies in support of arbitration in Portugal Lexis-Nexis (subscription required)
State immunity and arbitration in Portugal Lexis-Nexis (subscription required)
Enforcing arbitral awards in Portugal Lexis-Nexis (Subscription Required)
Is Third Party Funding a Relevant “Investment” for the Purposes of a IIA Protection? EFILA Blog 23-06-2016 Read it HERE
Transnational Court of Investment Arbitration EFILA Blog 19-01-2016 Read it HERE
Third Party Funders: Game-Changers or Business as Usual? EFILA Blog 04-09-2015 Read it HERE
The International Public Policy of the Portuguese State: A Matter of Value? Kluwer Arbitration Blog 4-07-2017 READ it HERE
Again the “Incorporation” of the IBA Guidelines into a Code of Ethics: an “Investment in Virtue”? Kluwer Arbitration Blog 19-05-2017 Read it HERE
Financial Institutions and International Arbitration – Asset Management Kluwer Arbitration Blog 27-12-2016 Read it HERE
The Essar v. Norscot Case: A Final Argument for the ‘Full-Disclosure-Wingers’ of TPF in International Arbitration Kluwer Arbitration Blog 15-10-2016 Read it HERE
Swaps in Portugal: A Case for Arbitration Kluwer Arbitration Blog 14-01-2016 Read it HERE
The Extension of the Arbitration Clause: Update from Portugal Kluwer Arbitration Blog 8 May 2015 Read it HERE
ArbWorld – Good Faith: The “LCIA Rules 2.0” Hidden Feature Kluwer Arbitration Blog 29 October 2014 Read HERE
ArbWorld – Good Faith: The “LCIA Rules 2.0” Hidden Feature Kluwer Arbitration Blog 29 October 2014 Read HERE
Get Rid of the Presiding Arbitrator? Kluwer Arbitration Blog | 25 July 2014 [read MORE]
National Mandatory Rules and International Public Policy: The Status of the Agent’s Goodwill Compensation in Portugal? Kluwer Arbitration Blog | 25 April 2014 [read MORE]
Motivation of arbitral awards: a few notes Young Arbitration Review July 2013 READ HERE
Incorporating IBA Guidelines Into A “Code of Ethics”: A Step Too Far? Kluwer Arbitration Blog 31-01-2014 READ HERE
Bilateral Arbitration Treaties: A Few “Bits” More and No “Buts” Within the Portuguese Jurisdiction Kluwer Arbitration Blog 14-04-2014 READ HERE
Arbitrability of disputes in computer program rights under the Portuguese Law: General Overview Romanian Arbitration Journal 01-01-2016 Year 10, nr. 1, jan-mar 2016, vol. 37, at 22 READ HERE
Portugal & International Arbitration A safe, stable and reliable jurisdiction Portugal, with its stable economic, political and legal systems has been growing increasing popular in the realm of being considered as an advantageous destination not only for tourism but also for the resolution of international arbitration disputes. Alongside this, Portugal is considered to be […]
The Portuguese Legal Background & International Arbitration Enduring legal ties between Lusophone Countries The fact that the Portuguese Civil Code and Code of Civil Procedure are still in force in the Lusophone countries of Angola, Mozambique, Cape Verde, São Tomé Principe, and Guinea Bissau gives Portugal yet another advantage in terms of selecting a […]
Language & International Arbitration Portugal – a country with communication skills The Language background Language barriers are one of the most prominent cultural concerns when dealing with business matters in a foreign country, and this makes sense because a seemingly innocuous mishap in wording can lead to a failed business deal. This is even more […]
International Arbitration & Portugal’s Geography An alluring and advantageous jurisdiction Over the past few years Portugal has been quickly expanding in a number of areas without showing signs of its growth slowing down anytime soon. However, one key area in which Portugal may be overlooked is in regards to being selected as a jurisdiction for […]
Arbitration, in and of itself, has a long-standing history, having been practised by the Greeks and Romans, it is to this day still one of the most sought out methods of dispute resolution. In more recent decades, and alongside globalisation, international arbitration has been vastly growing in popularity for a number of reasons. It is […]