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United Kingdom
United Kingdom
Key definition
Arbitration definition What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...
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Portugal: State immunity and arbitration—customary law, ius imperii/ius gestionis distinction, recognition of investment awards, enforcement immunity, and burden of proof
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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, 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...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
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