International Centre for Dispute Resolution (ICDR)

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

“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 […]

Who’s Who Legal Arbitration 2020 Thought Leader

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!

Insurance Information, Mediation and Arbitration Center (“CIMPAS”)

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 in Portugal

Arbitration in Portugal

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.

How do I manage an arbitration case? How do you manage yours?

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

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 […]

The Prague Rules – Launching Conference and Signature Cerimony

(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. […]

Why Arbitrate in Portugal? Reason 8 – Internationally Oriented Community

      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 […]

Engagement as SCIA Arbitrator

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 […]

Why Arbitrate in Portugal? Reason 7 – Supportive State Courts

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 […]

30/11/2018 Why Arbitrate in Portugal? Reason 6 – A Robust Legal System

  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, […]

Why Arbitrate in Portugal? Reason 5 – Modern Country, Modern Facilities

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: Competitor, Alternative or Addition to the IBA Rules on the Taking of Evidence in International Arbitration?

“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)

A Proibição de Excesso e a Ordem Pública Internacional de Portugal

“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)

Regras para Nomeação de Árbitros. O exemplo do Centro de Arbitragem Comercial da Câmara de Comércio e Indústria Portuguesa

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?

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)

A extensão da convenção de arbitragem no quadro dos grupos de empresas e da assunção de dívidas: um vislumbre de conectividade

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)

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 in the Portuguese Case Law

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)  

Notas sobre a Arbitrabilidade de Litígios no Âmbito dos Direitos sobre Programas de Computador

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)

Why Arbitrate in Portugal? Reason 4 – A Safe and Friendly Place

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 […]

Why Arbitrate in Portugal? Reason 3 – Legal Background

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 […]

Why Arbitrate in Portugal? Reason 2 – Language

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 […]

Why Arbitrate in Portugal? Reason 1: Geography

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 […]

8 Advantages of Arbitrating Disputes in Portugal

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 […]