Duarte G Henriques
Duarte Henriques is a lawyer and arbitrator based in Lisbon - Portugal. Since 1990, he has acted as both counsel and arbitrator in a number of litigation and arbitration cases related to investment disputes, banking & finance, corporate, commercial, distribution and construction disputes. Duarte Henriques has a strong experience in advising and securing “third-party funding” for clients.
Duarte Henriques advises major banking and finance institutions, insurance companies, companies in the energy sector, bio-pharmaceutical companies, and technology / software solution providers in litigation and arbitration disputes.
Duarte Henriques has also a solid experience in the transactional practice. He regularly advises clients in matters related to corporate law, mergers and acquisitions / joint ventures, construction, commercial law (including distribution, franchising, and licensing), labour law, procurement, and real estate (see list of relevant matters attached).
Duarte Henriques is listed as arbitrator in a number of institutions, including CPR - International Institute for Conflict Prevention and Resolution, the China International Economic and Trade Arbitration Commission (CIETAC), the Hong Kong International Arbitration Centre (incl. panel for IP Disputes), the Singapore International Arbitration Centre (reserve panel), the Korean Commercial Arbitration Board, the Silicon Valley Arbitration and Mediation Centre (as Tech List Appointee).
Duarte Henriques is a member of the ICC Task Force on Financial Institutions and International Arbitration and of the Task Force on Third-Party Funding in International Arbitration of the International Council for Commercial Arbitration (ICCA) & Queen Mary University of London Law School – London.
He has written numerous articles on Portuguese and International arbitration.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1990
Experience
- BCH Lawyers (1990 - 2019)
- Victoria Associates (2019 - Present)
Membership
- LCIA
- IBA
- ICCA
- SVAMC
Qualification
- Portuguese Bar Association (1990)
Education
- University of Lisbon (1988)
3 Contributions by Duarte G Henriques
PRACTICE NOTES
A practitioner’s guide to enforcing domestic and foreign arbitral awards in Portugal: PEPEX, exequatur, opposition grounds, and damages quantification
The legal framework applicable to arbitration in Portugal has undergone a complete change since 2011
Portugal’s arbitration regime has been thoroughly overhauled since 2011. Law no. 63/2011 of 14 December 2011 (PAL) took effect on 14 March 2012, repealing Law no. 31/86 of 29 August 1986 (Old PAL). Even before this, the Portuguese system governing the enforcement of arbitral awards—domestic and international—had already undergone significant adjustments.
In the Old PAL, the enforcement rules were reduced to only two concise sentences:
Article 30 conferred competence on the ‘Courts of Enforcement’ (First Instance) to handle enforcement procedures.
Article 31 stated that a debtor who had not brought a timely set-aside action could still oppose later enforcement by invoking any ground available in the annulment process.
Despite the brevity of articles 30 and 31 of the Old PAL, articles 814 and 815 of the Portuguese Code of Civil Procedure (CPC) left no scope for disputing the grounds on which a party might resist the enforcement of a domestic arbitral award. Indeed, the award...
Arbitration
PRACTICE NOTES
Interim relief supporting arbitration in Portugal: tribunal and court powers, preliminary orders, recognition and enforcement, and prohibition of anti-arbitration injunctions
Although arbitration is a consensual, private mechanism distinct from the judicial system of any jurisdiction, there are recognised occasions and circumstances when parties may wish, or be required, to turn to the courts for supportive relief in aid of the arbitration itself.
Former arbitration legal framework in Portugal
The earlier Portuguese Arbitration Law (Law No 31/86 of 29 August 1986) (the Old PAL) contained no express or specific rules on preliminary orders or interim measures available to parties during arbitral proceedings, or even before they were commenced. Nonetheless, it was commonly accepted that the state courts could be asked to issue such measures or orders in aid of arbitration.
At the same time, a long-running discussion among academics, commentators and the case law addressed whether arbitral tribunals themselves possessed authority to order interim measures or preliminary orders. The overwhelming trend in decisions of the Portuguese higher courts (in particular the Lisbon Court of Appeal) consistently concluded that arbitral tribunals lacked power to grant provisional measures, such as arrest of assets and similar relief (see the Lisbon Court of Appeal decisions of 20 April 2006, 9 November 2006, 21 November 2006 and 18 September 2008 and...
Arbitration
PRACTICE NOTES
Portugal: State immunity and arbitration—customary law, ius imperii/ius gestionis distinction, recognition of investment awards, enforcement immunity, and burden of proof
This Practice Note explores the place of state immunity in connection with arbitration proceedings in Portugal. For a broad primer on state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. Additionally, for Practice Notes covering state immunity across a range of jurisdictions worldwide (including England and Wales), consult our ‘State immunity’ subtopic: State immunity and arbitration—overview.
State immunity in Portugal
State immunity is not a rule of law presently operating within the Portuguese legal order. Indeed, there is no explicit statutory norm enacting the maxim ‘par in parem non habet judicio’ (state immunity). While Portugal is a party to the United Nations Convention on Jurisdictional Immunities of States and their Property, adopted in New York on 17 January 2005 (Portugal acceded to the New York Convention on State Immunity by Decree of the President of the Portuguese Republic No 57/2006 of 20 June 2006, which took effect on 14 September 2006), that international instrument has not yet entered into force. Portugal is also party to the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963, but they have limited scope as far as the immunity...
Arbitration
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