PORTUGAL Law and Practice Contributed by: João Saúde, Miguel Santos Almeida, Alexandra Valpaços and Eduarda Peixoto, Sérvulo & Associados
13.2 Ethical Codes There are no professional conduct rules specifically governing counsel and arbitrators in international arbi - tration in Portugal. Nevertheless, the Code of Ethics adopted by the Portuguese Arbitration Association in 2020 applies to both domestic and international arbitration. It is bind - ing on the Association’s members and may also be adopted by arbitral institutions, parties and arbitral tribunals in individual proceedings. In practice, Portuguese arbitration broadly follows the principles reflected in the IBA Guidelines on Party Representation in International Arbitration, although with some important distinctions. In particular, unlike the approach contemplated by the IBA Guidelines, arbitral tribunals in Portugal do not have the power to impose sanctions on parties or their counsel for mis - conduct, nor is it common for them to exclude party representatives or adopt other procedural measures in response to conflicts of interest or improper conduct during the proceedings. 13.3 Third-Party Funding There is currently no statutory regime specifically reg - ulating third-party funding in Portugal.
13.4 Consolidation Although the Portuguese Arbitration Law does not contain detailed provisions on consolidation, the rules of the leading arbitral institutions in Portugal regulate the matter and generally leave the decision to be made on a case-by-case basis. For example, under the Rules of Arbitration of the Arbitration Centre of the Portuguese Chamber of Commerce and Industry, a party may request the consolidation of pending pro - ceedings where the parties are identical or where the conditions for third-party joinder are satisfied. 13.5 Binding of Third Parties Third parties may be bound by an arbitration agree - ment where they have become subject to the underly - ing contractual relationship, such as through assign - ment of contractual position, subrogation or a contract for the benefit of a third party or the arbitration agree - ment under the applicable law. Portuguese arbitration law also permits third-party intervention in certain circumstances where the third party is bound by the relevant arbitration agreement. Portuguese courts do not possess a general power to bind foreign third parties who are strangers to the arbitration agreement.
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