PORTUGAL Law and Practice Contributed by: Rita Samoreno Gomes and Petra Carreira, PLMJ
13.4 Procedure for Enforcing Domestic and Foreign Arbitration Domestic arbitral awards can be enforced in Portugal under the same terms as judgments by state courts. In respect of foreign arbitral awards, the recogni- tion procedure may depend on the applicability of the New York Convention. In any event, state courts are prevented from reviewing the mer- its and must focus only on the requirements for recognition. 14. Outlook 14.1 Proposals for Dispute Resolution Reform Currently, there are no known major proposals for dispute resolution reform in Portugal. 14.2 Growth Areas The main areas of growth for commercial dis- putes in Portugal are in competition law, con- sumer, technology, and digital disputes. This trend is driven by several factors: • E-commerce and consumer protection: There has been an increase in disputes related to competition law infringements, unfair com- mercial practices and compliance with con- sumer protection laws, including privacy/data breaches and data protection matters. • Class actions: The “opt-out” regime, along with the activity of recently emerged self- identified consumer associations, has facili- tated the growth of class actions in these areas. • Existing legislation and legislative changes: Already existing laws and new laws support- ing representative actions have also contrib-
• the express regulation of multi-party arbitra- tion and third-party intervention. Domestic arbitral awards can be enforced in Portugal under the same terms as state court decisions. In respect of foreign arbitral awards, Portugal is a signatory to the New York Convention and has used only the reciprocity reservation. 13.2 Subject Matters Not Referred to Arbitration Any dispute relating to interests of an economic nature can be referred to arbitration, provided it is not subjected by law exclusively to the juris- diction of the state courts (eg, criminal or insol- vency disputes) or to compulsory arbitration. The main criterion regarding the arbitrability of the dispute is therefore its economic nature. However, an arbitration agreement concerning disputes not involving any interests of an eco- nomic nature is also valid if the parties would be able to settle the disputed right. The state and state-owned bodies can resort to arbitration if they are legally authorised to do so, or where the case involves a private law dispute. 13.3 Circumstances to Challenge an Arbitral Award As a rule, under the Portuguese Arbitration Law, arbitral awards are not appealable, unless the parties expressly agree otherwise. An arbitral award made in Portugal may be set aside in specific cases, which mirrors the New York Convention. Portuguese superior courts are experienced in hearing challenges against arbi- tral awards and have been known to consider international standards and case law.
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