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United Kingdom
Key definition
Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

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A practitioner’s guide to enforcing domestic and foreign arbitral awards in Portugal: PEPEX, exequatur, opposition grounds, and damages quantification

Practice notes
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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...

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Duarte G Henriques
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...

Web page updated on 21/05/2026

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