Portugal / 19 January 2010 / Portugal, Tribunal da Relação de Coimbra (Coimbra Court of Appeal) / 70/09.6TBCBR.C1
| Country | Portugal |
| Court | Portugal, Tribunal da Relação de Coimbra (Coimbra Court of Appeal) |
| Date | 19 January 2010 |
| Case number | 70/09.6TBCBR.C1 |
| 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 | Company A (a Greek company) and Company B (a Portuguese Company) entered into a charterparty containing an arbitration agreement. A dispute arose and the matter was submitted to arbitration in London with English law governing the dispute. On 10 January 2008, an award was rendered in favour of Company A. Shortly thereafter Company A appeared before the Tribunal Judicial de Coimbra (Coimbra Court of First Instance) seeking recognition of the award. Company B opposed recognition on the ground that the Tribunal Judicial de Coimbra lacked jurisdiction to recognise the arbitral award. Company B argued that the Tribunal da Relação de Coimbra (Coimbra Court of Appeal) had jurisdiction over the matter, or, in the alternative, given that the subject-matter of the contract dealt with the chartering of ships, the Tribunal Marítimo de Lisboa (Lisboa Maritime Court of First Instance) had jurisdiction. The Tribunal Judicial de Coimbra dismissed Company B’s arguments and granted recognition of the arbitral award. Company B appealed to the Tribunal da Relação de Coimbra. The Tribunal da Relação de Coimbra upheld the decision of the Tribunal Judicial de Coimbra ruling that the recognition proceedings were properly brought before the Tribunal Judicial de Coimbra. Relying on Article III NYC and the Portuguese Arbitration Act, the Tribunal da Relação de Coimbra held that because the Tribunal Judicial de Coimbra exercises jurisdiction over recognition of domestic arbitral awards, it, and not the Tribunal da Relação or the Tribunal Marítimo de Lisboa, has jurisdiction to recognise foreign arbitral awards. |
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