New Portuguese Arbitration Act | Practical Law

New Portuguese Arbitration Act | Practical Law

A new Portuguese Arbitration Act entered into force on 14 March 2012.

New Portuguese Arbitration Act

Practical Law UK Legal Update 1-518-9642 (Approx. 2 pages)

New Portuguese Arbitration Act

by PLC Arbitration
Published on 18 Apr 2012 • Portugal
A new Portuguese Arbitration Act entered into force on 14 March 2012.
The new Portuguese Voluntary Arbitration Law, Law 63/2011 (the Act) was published in the Portuguese Official Gazette on 14 December 2011 and entered into force on 14 March 2012. It revokes the former Portuguese arbitration law (Law No. 31/86 of 29 August 1986, amended by Decree-Law No. 38/2003 of 8 March 2003).
The Act is closely based on the UNCITRAL Model Law, the aim being to introduce a more modern arbitration regime and promote Portugal as a seat for international arbitrations.
The general principles underlying the Act are:
  • Party autonomy.
  • Kompetenz-kompetenz. The Act confers jurisdiction on state courts to rule on the competence of arbitral tribunals only where the arbitration agreement is manifestly null and void, inoperative or incapable of being performed.
  • The importance of adhering to procedural principles, such as, equality of the parties, due and fair process and the adversarial principle.
Source: GAR.