Portugal, Tribunal da Relação do Porto (Oporto Court of Appeal)
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Portugal / 30 June 2014 / Portugal, Tribunal da Relação do Porto (Oporto Court of Appeal) / 56/14.9YRPRT
Country Portugal Court Portugal, Tribunal da Relação do Porto (Oporto Court of Appeal) Date 30 June 2014 Case number 56/14.9YRPRT Applicable NYC Provisions V Source Registry of the Court
Languages English Summary Summary in preparation Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=1679&opac_view=6 Attachment (1)
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Country Portugal Court Portugal, Tribunal da Relação do Porto (Oporto Court of Appeal) Date 09 September 2013 Case number 29/13.9YRPRT Applicable NYC Provisions III | V Source Registry of the Court
Languages English Summary Summary in preparation reversed by : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=1652&opac_view=6 Attachment (1)
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Country Portugal Court Portugal, Tribunal da Relação do Porto (Oporto Court of Appeal) Date 09 September 2013 Case number 29/13.9YRPRT Applicable NYC Provisions II | III | V | V(1) | V(2) Source http://www.dgsi.pt (official website of the Instituto de Gestão Financeira e Equipamentos da Justiça I.P.)
Languages Portuguese Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=6076&opac_view=6 Attachment (1)
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Country Portugal Court Portugal, Tribunal da Relação do Porto (Oporto Court of Appeal) Date 21 June 2005 Case number 0427126 Applicable NYC Provisions I | II | III | IV Source http://www.dgsi.pt (official website of the Instituto de Gestão Financeira e Equipamentos da Justiça I.P.)
Languages English Summary In an arbitration seated in Poland, the arbitral tribunal rendered an award in favour of Company A (a Polish company) against Company B (a Portuguese company). Company A sought recognition of the arbitral award before the Tribunal Judicial da Comarca do Porto (Porto Court of First Instance) pursuant to Articles I, II, and IV NYC. The Tribunal Judicial da Comarca do Porto dismissed Company A’s request for recognition of the award holding that, under the Portuguese Code of Civil Procedure , the Tribunal da Relação do Porto had jurisdiction over such an application. Company A then appealed to the Tribunal da Relação do Porto (Porto Court of Appeal) on the grounds that (i) under the NYC (and contrary to Portuguese civil procedure) it is for the party against whom enforcement is sought to challenge recognition of the arbitral award and that the NYC limits the role of domestic tribunals to assessing the overall validity and enforceability of arbitral awards, (ii) Portuguese provisions dealing with recognition of foreign decisions were not applicable to the recognition and enforcement of the foreign arbitral award in this case because they were incompatible with the recognition procedure established by NYC Article III, and (iii) pursuant to Article III NYC, the court that has jurisdiction over recognition of foreign arbitral awards in Portugal is the court that has jurisdiction over the enforcement of domestic arbitral awards: in this case, the Tribunal Judicial da Comarca do Porto. The Tribunal da Relação do Porto overturned the decision of the Tribunal Judicial da Comarca Porto and held that the Tribunal Judicial da Comarca do Porto had jurisdiction over the recognition of foreign arbitral awards. The Tribunal da Relação do Porto noted that the NYC does not provide guidance as to which domestic tribunal has jurisdiction over the recognition of arbitral awards. It therefore applied the Portuguese Arbitration Act which provides that arbitral decisions rendered by arbitral tribunals seated outside Portugal have the same effect as domestic awards, and concluded that the Tribunal Judicial da Comarca do Porto had jurisdiction over the recognition proceedings. Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=1575&opac_view=6 Attachment (1)
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Country Portugal Court Portugal, Tribunal da Relação do Porto (Oporto Court of Appeal) Date 26 October 2004 Case number 0325170 Applicable NYC Provisions III Source http://www.dgsi.pt (official website of the Instituto de Gestão Financeira e Equipamentos da Justiça I.P.)
Languages English Summary In an arbitration seated in England, an award was rendered in favour of Company B against Company C. Company B sought the recognition and enforcement of the award before the Tribunal da Relação do Porto (Porto Court of Appeal). At the commencement of the recognition proceedings, the Office of the Prosecutor appeared before Tribunal da Relação do Porto and requested that the proceedings be dismissed on the ground that the Tribunal da Relação do Porto lacked jurisdiction over a request for recognition and enforcement. The Office of the Prosecutor argued that the Tribunal de Primeira Instância de Chaves (Chaves Court of First Instance) had jurisdiction instead. The Tribunal da Relação do Porto granted the Office of the Prosecutor’s request. The Tribunal da Relação do Porto noted that (i) as the award was rendered in England and England was party to the NYC, the NYC applied to the recognition and enforcement procedure and (ii) the only guidance the NYC provided on which domestic court has jurisdiction over recognition proceedings is found in Article III NYC, which provides that there should not be imposed substantially more onerous conditions or charges on the recognition or enforcement of arbitral awards to which the NYC applies than are imposed on domestic arbitral awards. The Tribunal da Relação do Porto held that since Portuguese rules grant courts of first instance jurisdiction over the enforcement of domestic awards, those courts also have jurisdiction over the recognition of foreign arbitral awards. Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=1583&opac_view=6 Attachment (1)
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Country Portugal Court Portugal, Tribunal da Relação do Porto (Oporto Court of Appeal) Date 02 October 2001 Case number 0120965 Applicable NYC Provisions III Source http://www.dgsi.pt (official website of the Instituto de Gestão Financeira e Equipamentos da Justiça I.P.)
Languages English Summary An award was rendered in the Netherlands in favour of Company M against Company MG on the basis of two agreements concluded by the parties. Company M sought recognition and enforcement of the arbitral award before the Tribunal Cível da Comarca do Porto (Porto Court of First Instance). The Office of the Prosecutor appeared before the Tribunal Cível da Comarca do Porto requesting that the case be dismissed because the Tribunal da Relação do Porto (Porto Court of Appeal), not the Tribunal Cível da Comarca do Porto, had jurisdiction over the recognition proceedings. The Tribunal Cível da Comarca do Porto held that it did not have jurisdiction and dismissed the recognition proceedings. Company M appealed to the Tribunal da Relação do Porto on the grounds that (i) Article III NYC prevails over domestic rules of law, (ii) under the Portuguese Arbitration Act, the Tribunal Cível da Comarca do Porto has jurisdiction over enforcement of arbitral awards, (iii) the procedure applicable to foreign arbitral awards under Article IV NYC should be equated to the procedure for enforcement of domestic awards under the Portuguese Arbitration Act, and (iv) requiring a court of appeal to exercise jurisdiction over the recognition proceedings only and a court of first instance to exercise jurisdiction over the enforcement proceedings would impose substantially more onerous conditions on the recognition and enforcement of foreign arbitral awards in violation of Article III NYC. The Tribunal da Relação do Porto reversed the first instance decision and held that the Tribunal Cível da Comarca do Porto had jurisdiction over the recognition proceedings. The Tribunal da Relação do Porto noted that because the award was rendered in the Netherlands and the Netherlands is a party to the NYC, the NYC applied to the recognition and enforcement procedure. The Tribunal da Relação do Porto relied on both Article III NYC and Portuguese rules and held that an arbitral award rendered in the Netherlands should be recognised before the Tribunal Cível da Comarca do Porto (and not before the Tribunal da Relação do Porto) as would be the case for a domestic arbitral award. Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=1584&opac_view=6 Attachment (1)
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