Publications - Dispute Resolution: Litigation and Arbitration
Portugal: May a partner unilaterally withdraw from the “aval” (guarantee) granted on a blank promissory note after leaving the company?
The SCJ decided that the legal binding for the “aval” in a blank promissory note may, under certain terms and circumstances, be unilaterally terminated by a former partner or former managing partner of the guaranteed company.
Portugal: Judicial sale of a mortgaged property with a rural lease after the mortgage does not cause the lease to lapse
The Portuguese Supreme Court of Justice (SCJ) has delivered a Decision uniformizing case law (SCJ Decision no. 14/2024, of 12.12) with the following content: "The sale of a mortgaged property, with a rural lease entered into after the…
Portugal: Regulatory framework of the new rules for electronic service on companies and individuals
Decree-Law no. 91/2024 of November 22 was published. This new legislation from the Portuguese government establishes the regulatory framework of the technological solutions that will enable the implementation of electronic court service on companies…
New rules for electronic service on companies and individuals
A new decree law has been published that establishes electronic service as the rule for companies in legal proceedings, allowing individuals to opt for this method as well. The aim is to modernize and speed up legal proceedings by making them…
Match-fixing before the CAS – issues and challenges faced by the defense when dealing with sports corruption
This article -originally published in the German magazine SpoPrax- aims to provide a practical insight into the challenges faced by lawyers defending individuals accused of match fixing in the Court of Arbitration for Sport (CAS) in Lausanne.
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 in 2021: the Constitutional Court promotes international arbitration in Spain, regulatory developments in different countries and new IBA rules
2021 has proven to be an interesting year for arbitration. Among some of the most important and commented news of the past year, we highlight the Spanish Constitutional Court judgements limiting the scope of the “public order” concept as…
International Arbitration Newsletter - December 2021
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…
International Arbitration Newsletter - November 2021
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…