A anulação da sentença arbitral por violação da ordem pública internacional
: uma análise da jurisprudência portuguesa

  • Íris Maria Pereira Paixão (Student)

Student thesis: Master's Thesis

Abstract

The inclusion in the Voluntary Arbitration Law (Law no. 63/2011, of December 14th) of the violation of international public policy as grounds for annulment of the arbitral award in article 46(3)(b)(ii) was one of the most debated aspects of the law among jurists. The legislator's choice continues to divide doctrine, between those who defend the legislative option and those who believe that the concept of domestic public policy should have been adopted. The state court's task in assessing this ground is particularly challenging because, on the one hand, it is difficult to define international public policy since it is an indeterminate concept and, on the other hand, the state court is not allowed to review the merits of the judgment in an action for annulment. Thus, this dissertation aims to analyze the different doctrinal positions and, in particular, the understanding of the Portuguese jurisprudence on the concept of public policy adopted in the Voluntary Arbitration Law, its implementation and, also, the powers of state courts in assessing the merits of the arbitral award in cases of public policy violation.
Date of Award11 Jul 2024
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorAndré Almeida Martins (Supervisor)

Keywords

  • Public policy
  • Annulment of the arbitration award

Designation

  • Mestrado em Direito

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