CHAPTER 30 - Portugal - Interim Measures in International Arbitration
Author(s):
Agostinho Pereira de Miranda
Pedro Sousa Uva
Page Count:
18 pages
Media Description:
1 PDF Download
Published:
May, 2014
Jurisdictions:
Practice Areas:
Tags:
Description:
Originally from: Interim Measures in International Arbitration
Preview Page
INTRODUCTION
Portugal is a so-called Model Law country.
The Arbitration Law on Voluntary Arbitration — Law No. 63/2011
(hereinafter, VAL) — was adopted on 14 December 2011, and came into
force on 14 March 2012. The VAL is inspired by the UNCITRAL Model
Law, albeit having been tailored to the specific needs of the Portuguese
legal system. The VAL revoked the previous arbitration law, Law No.
31/86 dated 29 August 1986.1
The VAL is the statutory basis for all private voluntary arbitration
taking place in Portuguese territory, as well as for the recognition and
enforcement in Portugal of arbitral awards rendered in arbitrations seated
abroad. It covers both domestic and international arbitrations and sets
forth specific chapters for each one. It adheres to objective criteria by
defining international arbitration as one involving international
commercial interests. The VAL has a specific Chapter—Chapter IX—
governing international arbitration. Aside from the specific provisions
contained in Chapter IX, the rules for domestic arbitration apply mutatis
mutandis.
Although the VAL reflects Portugal’s will to modernise the
arbitration framework and turn the country into a more attractive
arbitral venue, some of the solutions provided by the VAL are still
being tested. An example of that is VAL’s regulation on interim relief,
specifically provisional measures and preliminary orders issued by
arbitral tribunals.