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Act No. 63/2011


Publication: Republic Diary No. 238/2011, Series I of 2011-12-14
  • Issuer:
  • Diploma Type: Act
  • Number: 63/2011
  • Pages: 5276 - 5289

Summary in plain english

What is it?

This law creates the voluntary arbitration.

What is the voluntary arbitration?

The voluntary arbitration is an alternative mean for the resolution of processes, which consists of the appointment of a third-party (arbitrator) with decision-making powers regarding a process.

The arbitrators are independent and exempt regarding the parties and do not act as their representatives.

Who may be an arbitrator?

Any individual, of legal age, who is under no legal limitation regarding the exercise of their rights.

The arbitrators may be Portuguese or foreign citizens.

The arbitration offers some advantages before the courts, namely:
    • Greater speed in the obtainment of a decision;
    • The parties’ ability to choose the arbitrators with the profile most adequate to the dispute’s characteristics;
    • Adaptation of the process’s stages;
    • Less costs.

For the international cases, the arbitration has the additional advantage of neutrality regarding the courts of any of the States involved.

How to initiate a process at the Arbitration Centre?

The individual who wants to initiate a process must submit a request before the Secretariat, in which they must:

    • Identify the parties of the process, indicating the addresses and the emails;
    • Summarize the situation;
    • Indicate the amount at stake;
    • Indicate the arbitrator who must be appointed;
    • Annex the necessary documents (for instance, copy of the contract).
Seat of the arbitration:

The parties may opt for the arbitration in Portugal or abroad.

If the parties do not agree, the arbitration court decides on it.

Duration of the arbitration process:

According to the Arbitration Court’s statistics, the average duration of a process is about 15 months.

When does it enter into force?

This decree-law entered into force on 14 March 2011.

Original Version

LEGAL TRANSLATOR

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.