Victoria Associates

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.

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.

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.