Publications - Dispute Resolution: Litigation and Arbitration
Preliminary Draft of the Sustainable Mobility Law proposes a new model of mobility and transport
The new regulation treats it as a social right and introduces important new features ranging from the creation of a kind of sandbox for the development of mobility projects to the amendment of the Workers’ Statute to promote sustainable work-…
Start of the alternative dispute resolution mechanism for the protection of air transport users
Passengers will be able to access a faster and free alternative to resolve possible disputes with airlines.
In what cases can boats allocated to nautical chartering be used privately?
Various pieces of legislation and also rulings of the Directorate General of Taxes clarify the effects of the use by the owner of the boat for private purposes.
Portugal: The General Regime for the Prevention of Corruption enters into force: is your company compliant? 6-step check-list
With this regime’s entry into force, companies must implement new mechanisms towards the prevention of risks of corruption and related infringements. Companies have one year to finalize the full adaptation of their compliance programs or endow…
Everything you need to know about the plan to implement new whistleblowing legislation in Portugal
By June 18, 2022, companies (whether public or private) and public entities, especially those employing 50 or more workers, are obliged to implement a whistleblowing channel so that workers, shareholders, members of corporate bodies, service…
Mexican Supreme Court of Justice dismisses Constitutional Controversies on the amendments to the Electricity Industry Law
The highest tribunal of the country has not analyzed the merits of the cases, considering that there was a lack of legitimate interest.
COVID-19 prompts modernization of justice systems in Latin America
The COVID-19 pandemic has adversely impacted on processing times for cases before the civil courts in Latin America. It has also had the effect, however, of accelerating a modernization of the proceedings conducted before these courts. Before the…
Projected reform of the arbitration legislation in Morocco: does it correctly address the issues encountered with the current legislation?
Morocco has proposed a bill that would amend its current arbitration regulations, which were posing an obstacle to promoting this alternative method for resolving disputes in the country. The aim of the bill is to help convert the country into a…
Poland v. PL Holdings: another milestone for the future of intra-EU investor-state arbitrations
In April 2021, an opinion of the Advocate General of the Court of Justice of the European Union (CJEU) was issued in a case expected to become a milestone for intra-EU investor-state arbitration. While many had hoped that there would be a place for…
Arbitration: a brief overview of the appeal mechanism against a Portuguese award
Filing an appeal against a Portuguese award is possible but parties should be aware of the details, requirements and peculiarities of this mechanism, especially when issues of constitutionality are raised during the proceedings.
Supreme Court of Justice (Portugal): the judicial sale of a mortgaged property with a lease subsequent to the mortgage does not make the lessee’s rights expire
The Portuguese Supreme Court of Justice (SCJ) has delivered a Decision uniformizing case law (SCJ Decision nº 2/2021, dated 07.05.2021) in the following sense: “The sale during insolvency proceedings of a mortgaged property, with a…
Investment arbitration news in America: the use of discovery, Ecuador's return to the ICSID Convention and Colombia's success in investment disputes
Investment arbitration has not been without its critics in recent years. Following the Achmea decision, which it has been said drove a stake through the heart of investment arbitration in the European Union, this mechanism has prompted criticism and…