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Portugal
Rebecca Paradellas Barrozo (Griffith University)
Portugal’s Supreme Court of Justice Rules on Sovereign Immunity and Public Policy Defences in the Recognition of Foreign Arbitral Awards: A New Chapter in the Gold Reserve v. Venezuela Saga
August 20, 2025

In a unanimous decision issued on 9 July 2025, the Portuguese Supreme Court of Justice ("STJ") declined to overturn a lower court’s ruling of February 2025 that recognised a 2014 ICSID arbitral award…

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Nuno Ferreira Lousa (Linklaters LLP), Pedro Ferreira Ribeiro
COVID-19: Fundamental Change of Circumstances or Force Majeure? Insights from Portugal
October 15, 2024

In a landmark decision, the Portuguese Supreme Administrative Court has overturned an arbitral award which dealt with the different available remedies in case of a fundamental change in circumstances…

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Carolina Apolo Roque (CMS Portugal ) for Young ICCA
Where does Portugal stand in the Magnificent Confusion of An Arbitration Agreement With No Express Choice of Law
September 12, 2019

With as many as nine identified approaches to the potential applicable law to the arbitration agreement, Marc Blessing, as an experienced author, arbitrator and lawyer, could not help but ask: “Are…

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Radu N. Catană, Nataša Hadžimanović (Gabriel Arbitration AG), Johannes Landbrecht (Walder Wyss Ltd.)
Take-aways from the National Conference on Commercial and Arbitration Law in Cluj-Napoca, Romania
August 06, 2019

On 7-8 June 2019, the ninth (Romanian) National Conference on Commercial Law in Cluj-Napoca was organized by the Department for Company Law and Corporate Governance of the Law Faculty of the…

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André Pereira da Fonseca (Abreu Advogados) for Young ICCA
Portugal: A New Hub for International Arbitration Disputes
August 07, 2017

Introduction There are over 250 million people who speak Portuguese, being commonly identified as the sixth most spoken language in the world. It is an official dialect in Angola, Brazil, Cabo-Verde…

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Duarte Gorjão Henriques (BCH Advogados)
The International Public Policy of the Portuguese State: A Matter of Value?
July 04, 2017

1. I have written elsewhere about the uncertainty that the Portuguese courts have experienced in defining the "international public policy" of the Portuguese State and, more specifically, in finding…

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Duarte Gorjão Henriques (BCH Advogados)
Again the “Incorporation” of the IBA Guidelines into a Code of Ethics: an “Investment in Virtue”?
May 19, 2017

In many ways, Portugal is a remarkable arbitration-friendly jurisdiction. Not only a new UNICTRAL Model based law has been enacted a few years back now, but also its courts have proved to be very…

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Paula Costa e Silva (University of Lisbon, Faculty of Law)
Swaps in Portugal: A Case for Arbitration
January 14, 2016

and Duarte G. Henriques, BCH Lawyers 1. Until very recently the swaps industry seemed to be reluctant to use alternative dispute resolution or at least was very indifferent as to the choice of the…

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Raquel Galvão Silva, Nuno Ferreira Lousa (Linklaters LLP)
Arbitrating Intellectual Property Disputes in Portugal: A Case Study
November 13, 2015

It is fair to say that arbitration is already a widespread dispute mechanism in Portugal, broadly used not only for commercial disputes but also for disputes in other areas such as, for example,…

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Catherine A. Rogers (Bocconi University) for Arbitrator Intelligence
Innovative New Criteria for Appointment of Arbitrators at Commercial Arbitration Centre of Lisbon
July 10, 2015

Seemingly not a month goes by without a new arbitral institution springing up, from Turkey to Bulgaria, from Georgia to Jerusalem, and from Cambodia to Rwanda. Establishing a new arbitration center,…

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