Publications - Dispute Resolution: Litigation and Arbitration
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…
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…
COVID-19: Termination of the general suspension of procedural periods and procedures in Portugal
As a result of the improving epidemiological situation in Portugal, and in the implementation of a government strategy for gradually lifting lockdown measures adopted within the scope of the fight against the COVID-19 pandemic, the regime for the…
COVID-19: Return of the regime for the suspension of procedural periods and proceedings in Portugal
As a result of the exceptional worsening of the COVID-19 pandemic currently in Portugal, the Portuguese Parliament, at the proposal of the Government, approved Law No 4-B/2021, dated February 1, determining a set of exceptional, temporary and…
Joinder of third parties in international arbitration
The complexity of international operations, as well as the existence of multiple contracts and the plurality of parties, often makes it necessary to involve third parties in the arbitration proceedings. Therefore, it is important to take…
COVID-19: Exceptional measures in the area of Justice introduced by the PEES in Portugal
On June 4, 2020, through Resolution nº 41/2020, the Council of Ministers approved the Program for Economic and Social Stabilization (Programa de Estabilização Económica e Social) (“PEES”), with a time horizon up to the end…
COVID-19: Return to a situation of (new) normality in the Portuguese Courts
On May 14, 2020, the Portuguese Parliament passed Law no. 16/2020, dated May 29, making the fourth amendment to Law no. 1-A/2020, dated March 19, determining various exceptional and temporary measures in response to the…
COVID-19: Main legislative or regulatory initiatives that have been taken in Portugal
Pandemic has entered the world’s daily vocabulary in the most dramatic and unexpected way. As the severity of the situation worsens, a growing number of legislative initiatives attempt to address the needs of citizens and society in the face…
COVID-19: New exceptional and temporary measures were approved for the Portuguese Justice and Courts regarding the procedure for the service of documents
Law No 10/2020 of 18 April 2020 enacted an exceptional and temporary legal framework concerning (i) the procedure for the service of judicial documents by post provided for in the procedural laws and (ii) the parcel services, in view of…
COVID-19: Exceptional measures for the Portuguese Courts and Justice Authorities
On April 2, 2020, the Portuguese Assembly of the Republic approved Law No. 4-A/2020, dated April 6, which made the first amendment to Law No. 1-A/2020, dated March 19. The latter established various temporary and exceptional measures in…