Abstract
The present dissertation focuses on the intervention of the judicial court in the constitution of the arbitral tribunal. The main objective is to analyse the main aspects of this intervention, the problems it can raise, as well as its legitimacy and necessity. Then, a specific explanation is given of the cases in which the judicial court assist the arbitral tribunal to remedy a failure or omission. To this end, an analytical method will be used that includes a breakdown of the most relevant doctrinal and jurisprudential aspects in this area, along with the study of the legal regime of voluntary arbitration in our legal system. We also want to understand whether the judicial court's intervention is absolutely necessary in the current form of the law on voluntary arbitration.| Date of Award | 26 Jun 2025 |
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| Original language | Portuguese |
| Awarding Institution |
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| Supervisor | André Almeida Martins (Supervisor) |
UN SDGs
This student thesis contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
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SDG 17 Partnerships for the Goals
Keywords
- Judicial court intervention
- Constitution of the arbitral tribunal
- Judicial function
- Independence
- Impartiality
Designation
- Mestrado em Direito
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- Standard