Victoria Associates
3 Contributions by Victoria Associates Experts
PRACTICE NOTES
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
Arbitration
PRACTICE NOTES
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
Arbitration
PRACTICE NOTES
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,
Arbitration
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