Duarte G Henriques

Lawyer and Arbitrator, Victoria Associates

Duarte Henriques is a lawyer and arbitrator based in Lisbon - Portugal. Since 1990, he has acted as both counsel and arbitrator in a number of litigation and arbitration cases related to investment disputes, banking & finance, corporate, commercial, distribution and construction disputes. Duarte Henriques has a strong experience in advising and securing “third-party funding” for clients.

Duarte Henriques advises major banking and finance institutions, insurance companies, companies in the energy sector, bio-pharmaceutical companies, and technology / software solution providers in litigation and arbitration disputes.

Duarte Henriques has also a solid experience in the transactional practice. He regularly advises clients in matters related to corporate law, mergers and acquisitions / joint ventures, construction, commercial law (including distribution, franchising, and licensing), labour law, procurement, and real estate (see list of relevant matters attached).

Duarte Henriques is listed as arbitrator in a number of institutions, including CPR - International Institute for Conflict Prevention and Resolution, the China International Economic and Trade Arbitration Commission (CIETAC), the Hong Kong International Arbitration Centre (incl. panel for IP Disputes), the Singapore International Arbitration Centre (reserve panel), the Korean Commercial Arbitration Board, the Silicon Valley Arbitration and Mediation Centre (as Tech List Appointee).

Duarte Henriques is a member of the ICC Task Force on Financial Institutions and International Arbitration and of the Task Force on Third-Party Funding in International Arbitration of the International Council for Commercial Arbitration (ICCA) & Queen Mary University of London Law School – London.

He has written numerous articles on Portuguese and International arbitration.

Contributed to

3

Enforcing arbitral awards in Portugal

Practice Notes

This Practice Note considers the recognition and enforcement of arbitral (arbitration) awards in Portugal including under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It considers Law 63/2011 of 14 December 2011, which sets out the legal framework for arbitration in Portugal. It also covers the pre-enforcement procedure (PEPEX), procedure for domestic and foreign awards and quantification of damages. This topic may be referred to as recognising and enforcing arbitration awards before the courts of Portugal under Portuguese law.

Arbitration

Interim remedies in support of arbitration in Portugal

Practice Notes

This Practice Note covers the availability of (or obtaining or applying for) interim or provisional (and emergency) remedies (relief or measures) in support of arbitration (or arbitral proceedings) from the Portuguese courts under the law of Portugal. The Practice Note covers the position under the current and previous Portuguese arbitration law. The Practice Note covers the types of remedies available including anti-arbitration injunctions.

Arbitration

State immunity and arbitration in Portugal

Practice Notes

This Practice Note discusses the concept and practice of state (sovereign) immunity in Portugal and its importance in the context of arbitration (or arbitral proceedings). The Practice Note discusses the United Nations Convention on Jurisdictional Immunities of States and their Property and the Vienna Conventions on Diplomatic Relations and Consular Relations. The Practice Note also discusses state immunity as a principle of international law and the distinction between public and commercial acts of the state.

Arbitration