Publications - Dispute Resolution: Litigation and Arbitration
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…
International Arbitration Newsletter - July 2021
Keys to the enforcement of foreign arbitration awards in mainland China
China has been building up and improving its legal regime for recognition and enforcement of foreign awards since the nation joined the New York Convention in the 1980’s. In this article we give an overview on the key issues regarding the…
International Arbitration Newsletter - April 2021
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…
International Arbitration Newsletter - March 2021
New IBA rules on 2020 international arbitration: updates concerning remote hearings, cybersecurity, expert reports or witness statements
The International Bar Association (IBA) approved, on December 17, 2020, the revised IBA Rules on the Taking of Evidence in International Arbitration (‘IBA Rules 2020’), finally published on February 17, 2021. The revised rules have been…
Brexit places the UK out of the judicial cooperation area in the EU; will this be the end of English law in the continent?
English law, courts and lawyers are a popular option for business transactions in the EU. Brexit could possibly change that, not so much because of obstacles to a valid choice of English law or the enforceability of judgements rendered by English…
Brexit: A boost for international arbitration?
The departure of the United Kingdom from the EU will not affect the enforceability of English arbitration awards. Accordingly, in international commercial contracts, arbitration could be a more attractive alternative to litigation as it entails…
International Arbitration Newsletter - February 2021
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…