International Arbitration in Portugal
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By: André Pereira da Fonseca, Dário Moura Vicente, Mariana França Gouveia, Alexandra Nascimento Correia, Filipe Vaz Pinto
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. This volume is the first and so far only book in English that provides a thorough, in-depth analysis of international arbitration law and practice in Portugal. Its contributing authors are among the most highly regarded legal names in the country, including scholars, arbitrators, and practitioners. The authors describe how international arbitration proceedings are conducted 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 toward 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 regarding reference and generic medicines), and corporate disputes. Each chapter provides, for the topics it addresses, an examination of the applicable laws, rules, arbitration practice, and views taken by arbitral tribunals and state courts as well as those of the most highly considered scholars. As a detailed examination of the legal framework and of all procedural steps of an 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. The guidance that it seeks to provide in respect of any problem likely to arise in this context can be useful to arbitrators, judges, academics, and interested lawyers.
AI Overview
The book "International Arbitration in Portugal" is a comprehensive publication edited by André Pereira da Fonseca, Dário Moura Vicente, Mariana França Gouveia, Alexandra Nascimento Correia, and Filipe Vaz Pinto. Here is a detailed overview of the book:
Key Themes
Legal Regime and Practice:
- The book provides a thorough insight into the legal regime and practice of international arbitration in Portugal. It covers the historical context, current laws, and international standards that govern arbitration in the country.
Arbitration Act (Law No. 63/2011):
- It delves into the Arbitration Act, which was adopted in 2011 and entered into force in March 2012. This act aligns Portuguese law with international standards, addressing issues like interim measures, multiparty arbitrations, and the challenge of arbitrators.
UNCITRAL Model Law:
- The book discusses how Portugal adopted the UNCITRAL Model Law, which has resolved many of the inconsistencies in previous arbitration laws. It explains how this adoption has standardized arbitration practices in Portugal.
Flexibility in Dispute Resolution:
- The publication highlights the flexibility in dispute resolution mechanisms available in Portugal, including local courts, ICSID arbitration, and ad hoc arbitration under UNCITRAL rules. This flexibility offers investors various options for resolving disputes.
Investment Court System (ICS):
- It touches on Portugal’s alignment with the EU’s broader strategy, particularly the potential support for the Investment Court System (ICS). This new system aims to establish a permanent international investment court with appointed judges and an appeal procedure, promoting transparency and accountability.
Plot Summary
The book is structured to provide a comprehensive overview of international arbitration in Portugal. It covers the following key aspects:
- Introduction to Arbitration in Portugal: An overview of the historical development and current legal framework governing arbitration in Portugal.
- Arbitration Act and UNCITRAL Model Law: Detailed analysis of the Arbitration Act and its alignment with the UNCITRAL Model Law.
- Practical Aspects of Arbitration: Discussions on the practical implementation of arbitration agreements, the role of the arbitral tribunal, and the jurisdictional competence.
- Dispute Resolution Mechanisms: Examination of the various dispute resolution mechanisms available, including local courts, ICSID arbitration, and ad hoc arbitration.
- Investment Disputes and ICS: Insights into Portugal’s stance on the Investment Court System and its implications for investors and the government.
Critical Reception
While specific reviews of the book are not provided in the search results, the publication is recognized as a significant contribution to the field of international arbitration. It is noted as the first international publication in English to provide a comprehensive insight into the legal regime and practice of arbitration in Portugal.
Conclusion
"International Arbitration in Portugal" is a seminal work that offers a detailed and authoritative guide to the legal and practical aspects of international arbitration in Portugal. It is a valuable resource for legal professionals, scholars, and practitioners involved in arbitration, providing insights into the country's evolving legal framework and its alignment with international standards.