PORTUGAL Law and Practice Contributed by: Joaquim Shearman de Macedo, Pedro Metello de Nápoles, Luís Heleno Terrinha and Ana Coimbra Trigo, PLMJ
The grounds setting aside a domestic arbitral award are: • if one of the parties to the arbitration agreement lacked capacity, or the agreement is not valid under the law the parties agreed would govern it, or failing any reference thereto, under the Arbitra - tion Law; • if there has been a violation of any of the manda- tory principles set out in the Arbitration Law, with decisive influence on the outcome of the dispute; • if the award dealt with a dispute not contemplated by the arbitration agreement or if it contains deci - sions on matters beyond the scope of the agree - ment; • if the composition of the tribunal or the arbitral procedure did not respect the parties’ agreement, unless that agreement conflicted with a provision of the Arbitration Law from which the parties can - not derogate or – failing such agreement – was not in accordance with the Arbitration Law and, in any case, this inconformity had a decisive influence on the decision; • if the tribunal awarded an amount above what was claimed or on a claim different to the one pre - sented, or addressed issues that it should not have addressed, or failed to decide issues that it should have decided; • if the award was made in violation of certain formal requirements of the Arbitration Law; and • if the award was served on the parties after the time limit applicable under the Arbitration Law or agreed by the parties.
Additionally, an award may be set aside if the court finds that: • under Portuguese law, the subject of the dispute cannot be decided by arbitration; or • the award is in conflict with Portuguese interna - tional public policy. In any case, if a party fails to request the annulment of the award within the relevant time limit (60 days), that party cannot invoke any of the available grounds at the enforcement stage. The court can, in any case, verify arbitrability under Portuguese law and compat - ibility with the international public policy of the Por - tuguese state.
376 CHAMBERS.COM
Powered by FlippingBook