As providências cautelares na arbitragem voluntária

Abstract

The aim of this work is to provide an overview of the current landscape of injunctions in voluntary arbitration in Portugal, also providing a historical perspective of the subject and the evolution that has led us to the current legislation. It will begin with a general examination of the competence of arbitral tribunals to order interim measures, an issue that has historically been highly controversial given the arbitral courts’ lack of potestas. At the same time, it will be examined how state courts and arbitral tribunals share the power to order precautionary measures. The current regime will also be analyzed, with a focus on the limitations of the arbitral tribunals at the precautionary level, given their nature, and the way in which these limitations are overcome, in order to provide the parties with the best legal protection, whether or not it is necessary to resort to the state courts, which intervene in the arbitration process in their indispensable role of assistance and collaboration. Other important points in the Portuguese regime that respond to arbitration problems will also be studied, such as the delimitation of the type of precautionary powers that can be determined by the arbitral tribunal and the figure of the emergency arbitrator, an intervener in voluntary arbitration who, although not provided for in the LAV, can be a central figure in remedying an arbitral tribunal's shortcomings at the precautionary level.

Date of Award	26 Jun 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	André Almeida Martins (Supervisor)