{"id":119964,"date":"2025-11-12T14:26:31","date_gmt":"2025-11-12T14:26:31","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=119964"},"modified":"2025-11-12T14:26:31","modified_gmt":"2025-11-12T14:26:31","slug":"portugal-international-arbitration","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/portugal-international-arbitration\/","title":{"rendered":"Portugal: International Arbitration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-119964","comparative_guide","type-comparative_guide","status-publish","hentry","guides-international-arbitration","jurisdictions-portugal"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Eversheds Sutherland<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2020\/11\/Eversheds-Sutherland.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Eversheds Sutherland<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2020\/11\/Eversheds-Sutherland.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of International Arbitration laws and regulations applicable in Portugal<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legislation applies to arbitration in your country? Are there any mandatory laws?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Portugal, arbitration is governed by law no. 63\/2011, of December 14th, which has approved the Portuguese Voluntary Arbitration Law (\u201cLAV\u201d). This Law is of mandatory application for arbitration proceedings seated in Portugal and to the enforcement of arbitral awards in Portugal.<\/p>\n<p>There is additional legislation relating to mandatory arbitration (e.g., in the context of sports disputes) and to tax arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Portugal is a signatory state to the New York Convention since 1995 and has made a reservation of reciprocity under the convention. Thus, the provisions of the convention shall only be applicable to Portugal if the seat of the arbitration whose arbitral award is being enforced was in another contracting state to the New York Convention.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other arbitration-related treaties and conventions is your country a party to?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Portugal is also a contracting state to the Washington Convention relating to the settlement of investment disputes between states and nationals of other states since 1984.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two? Are there any impending plans to reform the arbitration laws in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The LAV is inspired by the UNCITRAL Model Law.<\/p>\n<p>The most significant differences between the two relate to multi-party claimants and\/or respondents, since the LAV has specific rules about the appointment of arbitrators and lack of agreement between co-claimants and\/or co-respondents in that regard.<\/p>\n<p>Even though there are no impending plans to reform the arbitration law in Portugal, the necessity of specifically regulating corporate arbitration disputes has been highlighted by some arbitral professionals and legal authors, who suggest introducing specific provisions in the arbitration law. In any case, no specific legislative process has been initiated in that respect so far.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What arbitral institutions (if any) exist in your country? When were their rules last amended? Are any amendments being considered?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are 40 arbitration centers authorized to administer arbitrations in Portugal.<\/p>\n<p>However, the oldest and most renowned arbitration institution in Portugal is the Commercial Arbitration Centre of the Portuguese Chamber of Commerce and Industry (\u201cCentro de Arbitragem Comercial da C\u00e2mara de Com\u00e9rcio e Ind\u00fastria Portuguesa\u201d or \u201cCAC-CCIP\u201d). The Arbitration Rules of the Centre were amended in 2021 and there are presently no amendments being considered.<\/p>\n<p>The Commercial Arbitration Centre has the following arbitration Rules in place: (i) Rules of Arbitration; (ii) Rules of Fast Arbitration; (iii) Urgent Pre-Contractual Administrative Arbitration; (iv) Rules of Mediation; (v) Dispute Boards Regulation; (iv) Rules of Corporate Arbitration.<\/p>\n<p>The International Court of Arbitration of the ICC \u2013 International Chamber of Commerce has a national committee in Portugal, which assists the Court in the appointment of Portuguese arbitrators.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a specialist arbitration court in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are some arbitral tribunals functioning in permanence in Portugal, dedicated to specific sectors or matters. The most relevant examples are the Administrative Arbitration Center (CAAD &#8211; Centro de Arbitragem Administrativa), and the National Center for Information and Arbitration in Consumer Disputes (CNIACC \u2013 Centro Nacional de Informa\u00e7\u00e3o e Arbitragem de Conflitos de Consumo).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the validity requirements for an arbitration agreement under the laws of your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no significant changes between the requirements provided in the UNCITRAL Model Law and the LAV.<\/p>\n<p>Pursuant to the LAV, an arbitration agreement is only valid if it is entered into in writing. That requirement is met if the arbitration agreement is recorded in a written document signed by the parties, in an exchange of letters, telegrams, faxes or other means of telecommunications which provide a written record of the agreement, including electronic means of communication.<\/p>\n<p>A contract that refers to a clause comprised in a different document (e.g. general terms and conditions) is also valid, provided that the contract is written, and the reference is expressly made and acknowledges that clause as a part of the contract. However, there are specific provisions relating to arbitration agreements stipulated in general terms and conditions concluded with consumers. If one of the parties is a consumer, the arbitration agreement is not binding for them, as consumers must be free to decide if they wish to submit the disputes to arbitration or to the state courts.<\/p>\n<p>Finally, an arbitration clause is also deemed valid in case a claim and a response are exchanged by two parties to arbitration proceedings, its existence is affirmed by one party and not denied by the other.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitration clauses considered separable from the main contract?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 18(2) of the LAV provides for the principle of separability, according to which the arbitration clause is considered separable from the main contract for the purpose of assessing its existence, validity and enforceability.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicable to it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, Portuguese courts apply a validation principle, whenever there is more than one possible applicable law, by choosing to apply the law that renders the arbitration agreement valid and enforceable. However, this is mainly based on international arbitration principles, rather than on a specific legal command in force in Portugal, since the LAV is silent in that regard.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are asymmetric arbitration clauses \u2013 for instance, where one party has the right to choose between arbitration or litigation while the other party does not have this option \u2013 valid in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Asymmetric arbitration clauses are, as a rule, valid in Portugal, under the principle of private autonomy, since the asymmetry is presumed to have been validly accepted by both parties bound by the clause. However, asymmetric arbitration clauses may be considered invalid in consumer contracts (if it is the consumer who remains bound by the professional\u2019s decision) or when they are deemed to violate principles of good faith, contractual balance or constitute an abuse of rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an arbitration agreement? Are there any recent court decisions on these issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Although pursuant to the LAV only parties that are bound by the arbitration agreement can join the arbitral proceedings, a non-signatory to the arbitration agreement can adhere to it provided that the original parties agree.<\/p>\n<p>If the arbitral tribunal is already constituted, the joinder of third parties is only admissible if the party who is joining accepts the composition of the arbitral tribunal. This acceptance is presumed when the joinder is requested by the joining party.<\/p>\n<p>The joinder is dependent on the acceptance of the arbitral tribunal, which shall hear the parties in the arbitration and the joining party. The arbitral tribunal shall only accept the joinder if it is justified by the circumstances and does not disrupt the normal course of the arbitral proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any recent court decisions in your country concerning the choice of law applicable to an arbitration agreement where no such law has been specified by the Parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Nothing with relevance to report.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The LAV provides only that the arbitral tribunal shall decide pursuant to the applicable law or, if the parties agree to it, pursuant to equity principles.<\/p>\n<p>The parties are therefore free to decide on the law applicable to the substance of the dispute. If there is no express choice by the parties, the Rome Regulations shall apply.<\/p>\n<p>Portugal is also a signatory of the United Nations Convention for the International Sale of Goods (\u201cCISG\u201d), thus the convention shall apply to disputes on the sale of goods between parties whose place of business is in different contracting states of the convention.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any particular requirements for and\/or restrictions in the appointment of arbitrators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to article 9 of the LAV, an arbitrator must be a physical person with full legal capacity, impartial and independent.<\/p>\n<p>Moreover, no one may be precluded from being appointed as an arbitrator based on the nationality, without prejudice to (i) any qualifications required by the parties\u2019 agreement for the arbitrator(s) to be appointed and any other relevant factors to ensure the appointment of an independent and impartial arbitrator, and (ii) the parties\u2019 freedom of choice.<\/p>\n<p>In international arbitration, when appointing a sole arbitrator or a third arbitrator, the appointing authority shall also take into account the desirability of appointing an arbitrator of a nationality different from that of the parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the local courts intervene in the selection of arbitrators? If so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Pursuant to article 10 of the LAV, in case the parties do not agree on the nomination of an arbitrator, or if one of the parties does not appoint its arbitrator, any of them can request the appointment from the competent state court (a second instance court, in Portugal).<\/p>\n<p>Likewise, in case the Tribunal is composed of 3 (three) arbitrators and the arbitrators chosen by the parties do not reach an agreement on the appointment of the presiding arbitrator, any of the parties may ask the competent state court for said appointment.<\/p>\n<p>It must be highlighted, however, that the legal standard is subsidiary, since the parties can always agree on the nomination of another appointing authority or make reference to the rules of an arbitral institution.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the appointment of an arbitrator be challenged? What are the grounds for such a challenge? What is the procedure for such a challenge?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A party can challenge the appointment of an arbitrator if there are circumstances that raise concerns relating to the independence or impartiality of the arbitrator, pursuant to articles 13 and 14 of the LAV. An arbitrator can also be challenged if they do not possess the specific qualifications agreed by the parties.<\/p>\n<p>The challenge of the arbitrator is made before the arbitral tribunal, within 15 days from the date the relevant party became aware of constitution of the arbitral tribunal or of the existence of the circumstances that raise concerns.<\/p>\n<p>The arbitral tribunal shall decide on the challenge with the participation of the challenged arbitrator. In case the tribunal dismisses the challenge, the party can appeal from the arbitral tribunal\u2019s decision within 15 days to the competent state court, which issues a final decision on the challenge.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments concerning the duty of independence and impartiality of the arbitrators, including the duty of disclosure?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In 2023, a decision of the Lisbon Court of Appeal annulled an arbitral award on the grounds of lack of independence and impartiality, as well as breach of the duty to disclose.<\/p>\n<p>The arbitrator was challenged by the party that had nominated him since it was discovered that one of the parties involved in the arbitration proceedings was a key client of the law firm in which he was a Partner. The challenging party claimed to only have become aware of the facts after the arbitral award was rendered.<\/p>\n<p>The arbitrator had failed to disclose these facts to the parties, and the court found that this constituted a breach of the duty to disclose, but argued that a breach of the duty to disclose alone is not sufficient to annul an arbitral award, since an actual breach of the requirements of independence and impartiality must also be demonstrated.<\/p>\n<p>Additionally, the court held that the burden of proof regarding the moment when the challenging party became aware of the grounds for questioning the arbitrator&#8217;s independence or impartiality lies with the counter-appellant. Therefore, since the counter-appellant did not evidence that the challenging party was aware of those grounds earlier, the state court annulled the arbitral award on the basis of a breach of independence and impartiality by the arbitrator.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitrators immune from liability?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Pursuant to the LAV, arbitrators can only be held liable for their decisions in the same cases as judicial magistrates, and only before the parties to the arbitration.<\/p>\n<p>Additionally, articles 12, 15 and 43 of the LAV provide for other specific situations in which arbitrators may be held liable for damages caused to the parties (e.g. unjustified failure to exercise their functions after accepting the appointment, failure to cease functions when required within a reasonable time when required, or preventing the award from being issued).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the principle of competence-competence recognized in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The principle of competence-competence is expressly provided for in article 18 of the LAV, which establishes that the arbitral tribunal has the competence to decide on its own competence, even if that implies assessing the existence, validity or effectiveness of the arbitration agreement or the contract to which it relates, or its enforceability<\/p>\n<p>There are specific mechanisms in the Portuguese Civil Procedure Code that intend to guarantee the applicability of this principle.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to the Portuguese Civil Procedure Code, breach of an arbitration agreement is cause of incompetence of state courts, so it is likely to be the first question the state court decides on as soon as both parties have been heard on the matter.<\/p>\n<p>That is also what is established in article 5 of the LAV, pursuant to which a state court, upon request of a defendant in a case brought up in breach of an arbitration agreement, must acquit said defendant, unless the arbitration clause is manifestly null, void or ineffective.<\/p>\n<p>If a claim included in an arbitration agreement is brought before the state courts and the parties do not invoke its existence, the arbitration agreement is considered tacitly revoked, and the dispute can proceed in the state courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What happens when a respondent fails to participate in the arbitration? Can the local courts compel participation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If a party fails to participate in an arbitration, state courts cannot compel them to participate. However, state courts may appoint an arbitrator if a party fails to do so, upon request of the counterparty.<\/p>\n<p>If there is no further intervention in the arbitration proceedings, the arbitration will continue, and the arbitral tribunal will make its decision based on all the evidence presented before it.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can third parties voluntarily join arbitration proceedings? If all parties agree to the intervention, is the tribunal bound by this agreement? If all parties do not agree to the intervention, can the tribunal allow for it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to the LAV, third parties can only join an arbitration if they are bound by the arbitration agreement, but a party who wasn\u2019t a party to the arbitration agreement may adhere to it if there is no objection from the other parties.<\/p>\n<p>If the arbitration is already in course, a third party may only join if it consents to the constitution of the arbitral tribunal.<\/p>\n<p>The joinder is subject to the approval of the arbitral tribunal, who is not bound by the parties&#8217; decisions in this respect and will hear the existing parties and the party seeking to join. The tribunal may only allow the joinder if it does not disrupt the proceedings and if there are relevant circumstances that justify the inclusion of the third party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal? Are anti-suit and\/or anti-arbitration injunctions available and enforceable in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The LAV provides that an arbitral tribunal may issue interim measures and\/ or preliminary orders. However, while interim measures (\u201cprovid\u00eancias cautelares\u201d) can be enforced by state courts, preliminary orders (\u201cordens preliminares\u201d) cannot, since they only produce their effects between the parties in the arbitration.<\/p>\n<p>Furthermore, state courts also have the power to issue interim measures, regardless of the existence of an arbitration agreement or a duly constituted arbitral tribunal. Therefore, parties can either request interim measures before the arbitral tribunal or state courts.<\/p>\n<p>State courts can, consequently, issue interim measures, regardless of the constitution of the arbitral tribunal or the existence of an arbitration agreement.<\/p>\n<p>Article 5(4) of the LAV explicitly prohibits anti-arbitration injunctions, stating that \u201cissues of nullity, ineffectiveness, and unenforceability of an arbitration agreement cannot be independently raised in a claim brought before a state court, nor in provisional measures initiated before the same court, aimed at preventing the constitution or functioning of an arbitral tribunal.\u201d<\/p>\n<p>Additionally, the Court of Justice of the European Union (\u201cCJEU\u201d) has already ruled (West Tankers case) that anti-suit injunctions violate European Union law, specifically Regulation (EU) no. 44\/2001. More recently, in Charles Taylor Adjusting Ltd &amp; FD v. Starlight Shipping, the CJEU held that the imposition of a sanction or preliminary compensation for breach of a jurisdiction agreement closely resembles an anti-suit injunction and is therefore unenforceable, as it contradicts public policy.<\/p>\n<p>As a result, anti-suit and anti-arbitration injunctions are neither available nor enforceable in the Portuguese jurisdiction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence? Can local courts compel witnesses to participate in arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 38 of the LAV expressly allows any party in the arbitration proceedings, with the arbitral tribunal&#8217;s permission, to request that evidence not voluntarily submitted or provided by a party or third party be obtained directly before state courts.<\/p>\n<p>The state court will then order said party or third party to provide and produce the evidence and provide a report of the findings to the arbitral tribunal.<\/p>\n<p>The same principle is applicable to requests for evidence filed before Portuguese state courts by arbitral proceedings seated abroad.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country? Do these codes and professional standards apply only to counsel and arbitrators having the nationality of your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Portuguese Arbitration Association (\u201cPAA\u201d) approved an Ethics Code for its members in 2020, establishing specific principles and guidelines for arbitration professionals who are PAA associates. These rules were inspired by the IBA Guidelines on Conflicts of Interest in International Arbitration.<\/p>\n<p>Additionally, some arbitral institutions, such as the Commercial Arbitration Centre, have their own Ethics Codes and Rules addressing conflicts of interest.<\/p>\n<p>These Ethics Codes have already been cited in annulment proceedings before state courts to demonstrate breaches of the principles of independence and impartiality.<\/p>\n<p>However, these Ethics Codes and Rules apply only to the members of the respective Associations or Institutions, or to counsel and arbitrators participating in arbitrations pending before those institutions, although regardless of their nationalities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any rules with respect to the confidentiality of arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 30(5) of the LAV establishes that parties, arbitrators, and institutions are obligated to maintain confidentiality of all information and documentation obtained during arbitral proceedings, ensuring the confidentiality of the process. The admissible exceptions are the cases when parties need to make certain procedural acts public in order to defend their rights, as well as the duty to communicate or disclose those acts upon request of competent authorities.<\/p>\n<p>However, arbitral awards in general may always be publicized provided that elements that allow the identification of the parties are excluded and that there is no opposition from any of the parties. Additionally, is it worth noting that arbitral awards issued in administrative arbitration involving a state entity are mandatorily published online, in accordance with article 185-B of the Portuguese Code of Procedure in Administrative Courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the IBA guidelines on conflicts of interest and other similar soft law sources viewed by courts and tribunals in your jurisdiction? Are they frequently applied?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Portugal, the IBA Guidelines on Conflicts of Interest are not binding and have not been expressly applied by state courts. They are occasionally referred to by arbitral tribunals, particularly in international arbitrations, as a persuasive soft law instrument to assess issues of independence and impartiality.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the costs of arbitration proceedings estimated and allocated? Can pre- and post-award interest be included on the principal claim and costs incurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Except if otherwise agreed by the parties regarding cost allocation, the arbitral tribunal establishes the distribution of the arbitration costs in the award. The arbitral tribunal can, if it considers appropriate, determine that one of the parties should reimburse the other party for part of or the total amount of costs incurred due to its participation in the arbitral proceedings.<\/p>\n<p>Specifically concerning arbitrators\u2019 fees, in institutional arbitration it is usual for them (together with other administrative fees) to be pre-established in the institution\u2019s rules. In ad hoc arbitration, either the parties have agreed on fees in the arbitration agreement, or such an agreement must be reached in writing between the parties and the arbitrator(s) before the last arbitrator accepts the appointment. In the absence of said agreement, the arbitral tribunal may establish the amount of fees, but it can be challenged by the parties before state courts.<\/p>\n<p>Yes, pre- and post-award interest can be included in the principal claim and costs incurred.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are applications for security for costs viewed in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The LAV only provides that the arbitral tribunal may, depending on the complexity of the issues in dispute, the value of the case, and the time already spent or expected to be spent on the proceedings until their conclusion, order the parties to pay advances on account of the arbitrators\u2019 fees and expenses, through one or more decisions separate from those addressing procedural matters or the merits of the case.<\/p>\n<p>The only situation in which the LAV specifically mentions the possibility of a security deposit being asked from a party is when an interim measure is requested by said party, though not specifically to cover costs of the arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legal requirements are there in your country for the recognition and enforcement of an award? Is there a requirement that the award be reasoned, i.e. substantiated and motivated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The LAV only establishes that an arbitral award must be in writing, signed by the arbitrator(s), dated and it must also indicate the seat of arbitration. The arbitral award must also be reasoned, unless the parties have agreed differently or when the case is settled.<\/p>\n<p>Notwithstanding what is provided for in treaties or conventions Portugal is a party to (e.g. New York Convention), as a principle foreign arbitral awards must be recognized by state courts before they can be enforced in Portugal.<\/p>\n<p>Specifically for enforcement purposes, the requesting party must present the state courts the original award or a certified copy, as well as a certified translation (if it is not in Portuguese).<\/p>\n<p>There are several legal grounds for refusal of recognition or enforcement (e.g. invalidity of the arbitration agreement, incapacity of one of the parties, one of the parties was not granted the possibility to exercise its rights, the award exceeds the scope of the arbitration agreement, the award was suspended or annulled by a state court in the country of the applicable law, the award violates Portuguese principles of international public order).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the estimated timeframe for the recognition and enforcement of an award (domestic and international)? Can a party bring a motion for the recognition and enforcement of an award on an ex parte basis? Would the standard of review be different for domestic and international awards?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The timeframe for the recognition and, especially, enforcement of an international arbitral award depends on the circumstances, but it tends to be a relatively quick procedure.<\/p>\n<p>The LAV has specific provisions for the recognition and enforcement of foreign arbitral awards.<\/p>\n<p>Article 55 of the LAV provides that without prejudice of the New York Convention and other international treaties regarding the recognition and enforcement of arbitral awards, an arbitral award issued in a foreign state is subject to recognition by the state courts before it can be enforced in Portugal.<\/p>\n<p>Article 57 of the LAV provides that after one party requests recognition of an arbitral award (seated in a non-signatory foreign state to the New York Convention), the counterparty(ies) is(are) notified to file an opposition within 15 days. After that and once any investigative measures deemed appropriate are concluded, the parties and the Public Prosecutor\u2019s Office have another 15 days to file their final pleadings, before the state court issues a decision.<\/p>\n<p>Recognition cannot therefore be requested on an ex parte basis.<\/p>\n<p>Therefore, an arbitral award issued in Portugal may be directly enforced in first instance courts like a regular judicial award, whereas an arbitral award issued abroad will have to follow the process established in the New York Convention (if the seat of the arbitration was in another contracting state) or the recognition process provided for by the LAV.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can arbitration awards be appealed or challenged in local courts? What are the grounds and procedure in this regard? Is it possible for parties to waive any rights of appeal or challenge to an award by agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a rule, arbitral awards can only be appealed before state courts if the parties have expressly agreed on that possibility in the arbitration agreement and as long as the dispute was not resolved pursuant to equity principles.<\/p>\n<p>However, the LAV specifically provides in article 46 that the annulment of arbitral awards can be requested before state courts. A request for annulment of an arbitral award must be submitted to the competent state court, along with a certified copy of the award and, if in a foreign language, a translation into Portuguese.<\/p>\n<p>The annulment process is different from an appeal in terms of admissible grounds and follows specific procedural rules, including the submission of evidence and the opportunity for the opposing party to respond.<\/p>\n<p>From a procedural standpoint, the annulment must be filed within 60 days of receiving the award. If only part of the award is subject to annulment, that part may be annulled independently. The state court may also suspend the annulment process to allow the arbitral tribunal to rectify any issues. However, the state court cannot interfere with the merits of the case, and the arbitration agreement remains in effect unless otherwise agreed.<\/p>\n<p>In terms of grounds, for an award to be annulled it is necessary that the party requesting the annulment proves that:<\/p>\n<ul>\n<li>One party lacked capacity, or the arbitration agreement is invalid under the applicable law.<\/li>\n<li>Fundamental principles were breached, affecting the outcome of the dispute.<\/li>\n<li>The award addresses a dispute not covered by the arbitration agreement or exceeds its scope.<\/li>\n<li>The arbitral tribunal&#8217;s composition or procedure did not comply with the parties\u2019 agreement or the law, affecting the dispute&#8217;s resolution.<\/li>\n<li>The tribunal awarded more than was requested or failed to address issues it should have considered.<\/li>\n<li>The award violated certain formal requirements or was notified after the legal deadline.<\/li>\n<\/ul>\n<p>The state court also has the power to annul an arbitral award regardless of a request by one of the parties if (i) the subject matter is not arbitrable under Portuguese law and\/or (ii) the award violates Portuguese international public policy.<\/p>\n<p>The right to appeal from an arbitral award \u2013 if the parties specifically provided for it in the arbitration agreement \u2013 may therefore be freely waived by any of the parties, even before the dispute.<\/p>\n<p>However, the right to challenge (request the annulment) an arbitral award is unwaivable pursuant to article 46(5) of the LAV.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an award? To what extent might a third party challenge the recognition of an award?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Third parties or non-signatories can only be bound by an arbitral award if they were part of the arbitration proceedings, pursuant to the rules of third parties\u2019 joinder. Recognition of arbitral awards, outside of the cases in which the state court can refuse it by its own initiative, can only be requested by the party the award is invoked against.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any rules \/ court decisions that regulate or prohibit third party funding of arbitration proceedings \u2013 for instance, where funding by an entity not involved in the dispute in return for a share of the eventual award may be barred \u2013 in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no rules or court decisions in the Portuguese jurisdiction relating to third party funding that are publicly available and we are unaware of any decisions in that respect that might not be public.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is emergency arbitrator relief available in your country? Are decisions made by emergency arbitrators readily enforceable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no specific provisions under the LAV relating to the appointment of emergency arbitrators. However, arbitral institutions in Portugal have that relief expressly provided in their rules, as well as specific provisions for the appointment of the arbitrator and for the procedure to be followed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there arbitral laws or arbitration institutional rules in your country providing simplified or expedited procedures for claims under a certain value? Are they often used?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Commercial Arbitration Center has \u201cFast Track Arbitration Rules\u201d in force, which provide for an expedited procedure. These rules are applicable by agreement of the parties or by decision of the President of the Commercial Arbitration Centre.<\/p>\n<p>The President of the Commercial Arbitration Centre can determine the application of those rules to disputes which have a value equal to or less than \u20ac 400,000, except if both parties oppose to their application in the arbitration agreement or during the course of the arbitration. Moreover, the President of the Commercial Arbitration Centre will not determine the application of said rules if they are not deemed appropriate according to the circumstances of the case.<\/p>\n<p>Likewise, the President of the Commercial Arbitration Centre can apply those rules for proceedings with a value greater than \u20ac 400.000,00 if deemed appropriate and the parties do not oppose to it.<\/p>\n<p>Pursuant to said rules, the arbitral tribunal is constituted by a sole arbitrator, and the deadlines are substantively reduced in comparison to the regular arbitration rules. Moreover, the total time limit for the conclusion of the arbitration proceedings is six months, starting from the date of the tribunal\u2019s constitution.<\/p>\n<p>Pursuant to the statistics of the Commercial Arbitration Centre, there was 1 (one) proceeding initiated in 2024 under said rules, in the amount of \u20ac 342,083, and 1 (one) dispute concluded in that time period in the amount of \u20ac 6,878,340.<\/p>\n<p>Therefore, even though there are specific rules for expedited proceedings, parties seem to maintain a preference for the application of the regular arbitration rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>We have nothing to report in that respect.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the issue of corruption? What standard do local courts apply for proving corruption? Which party bears the burden of proving corruption?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are ongoing proceedings in the state courts relating to corruption, which are dealt with pursuant to the Portuguese Criminal Code and Criminal Procedure Code.<\/p>\n<p>Under Portuguese jurisdiction, the Public Prosecutor\u2019s Office is the state entity in charge of conducting investigations on the practice of criminal offenses and has the burden of proof.<\/p>\n<p>There are no arbitration-related proceedings on the matters of corruption in Portugal that we are aware of.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country with respect to intra-European investor-State arbitration generally or enforcement of awards stemming from proceedings of this nature? Are there any pending decisions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>We have nothing to report in that respect.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have arbitral institutions in your country implemented reforms towards greater use of technology and a more cost-effective conduct of arbitrations? Have there been any recent developments regarding virtual hearings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Although there is nothing significant to report in terms of rules, legal or approved by arbitration institutions, it is clear that the number of virtual hearings has grown compared to the pre-Covid context, especially in the early stages of proceedings \u2013 attendance to the final hearings in person is still considered more beneficial for the resolution of the dispute.<\/p>\n<p>In terms of the use of technology, we should highlight the case of a Portuguese arbitration center (Institute for Commercial Arbitration \u2013 Instituto de Arbitragem Comercial) which is in the process of implementing the use of a computer platform to assist with the interactions between parties, the center and the arbitral tribunal, similar to the platform that is currently in use by state courts. It is not specifically related to virtual hearings, but it is expected to increase efficiency, transparency and swiftness to the proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments in your jurisdiction with regard to disputes involving ESG issues such as climate change, sustainability, social responsibility and\/or human rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>One of the most recent disputes on climate change regards to a claim presented by \u201cAssocia\u00e7\u00e3o \u00daltimo Recurso\u201d, \u201cQuercus \u2013 Associa\u00e7\u00e3o Nacional de Conserva\u00e7\u00e3o da Natureza\u201d and \u201cSciaena \u2013 Associa\u00e7\u00e3o de Ci\u00eancias Marinhas e Coopera\u00e7\u00e3o\u201d against the Portuguese State, for breach of the Climate Framework Law.<\/p>\n<p>The first instance court and the Court of Appeal considered these claims as vague, ambiguous and obscure, thus in breach of the Portuguese Civil Procedure Code.<\/p>\n<p>However, on the 19th of September 2024, the Supreme Court of Justice has revoked the decision of the previous instances, considering that the request submitted by the activists and associations had \u201ca sufficient degree of specificity to ascertain the existence of the alleged breaches of the right to a human, healthy, and ecologically balanced environment (Article 66 of the Constitution, in conjunction with Articles 2 and 26), of climate balance (Article 5 of the Climate Framework Law), and of respect for the private and family life of the holders of the diffuse interests at stake in this action (Article 26 of the Constitution and Article 8 of the European Convention on Human Rights), on which these claims are based\u201d.(7)<\/p>\n<p>The activist associations were invited to indicate the necessary measures that the Portuguese State should adopt in order to substantiate the claim.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have any international economic sanctions regimes been implemented (either independently, or based on EU law) in your jurisdiction recently? Have there been any recent decisions in your country considering the impact of sanctions on international arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no court decisions that we are aware of regarding economic sanctions. However, Law no. 97\/2017, of 23rd August, regulates the application and enforcement of restrictive measures adopted by the United Nations or the European Union and establishes the sanctioning regime applicable to the violation of those measures.<\/p>\n<p>Thus, the economic sanctions determined by the United Nations and the European Union are enforceable in the Portuguese jurisdiction, and are binding for all Portuguese citizens or residents, companies and public and\/or private entities. Its enforcement under Portuguese jurisdiction is dependent on an act of the Ministry of Foreign Affairs and the minister responsible for the sector in which the sanction will be verified.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country implemented any rules or regulations regarding the use of artificial intelligence, generative artificial intelligence or large language models in the context of international arbitration?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no rules relating to the use of artificial intelligence, generative artificial intelligence or large models implemented in Portugal in the context of international arbitration.<\/p>\n<p>However, artificial intelligence platforms are starting to be developed for the management of proceedings in state courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6092<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/119964","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=119964"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}