Case Law
Portugal / 26 October 2004 / Portugal, Tribunal da Relação do Porto (Oporto Court of Appeal) / 0325170
| 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. |
Attachment (1)
 Original Language Adobe Acrobat PDF |
