The present dissertation has the purpose to analyze the possibility and feasibility of applying to arbitration the inversion of litigation, that was introduced in the civil procedure in 2013 in the article 369 of the Civil Procedure Code, considering for this effect the Voluntary Arbitration Law and two regulations of the International Chamber of Commerce and the Center for Commercial Arbitration. The question of whether the inversion of litigation can be applied in arbitration arose due to a complete legislative omission. Not once, in the aforementioned legal sources, is expressed the possibility of interim measures composing definitely the litigation. From this question in turn others derive such as: Is there a legislative omission? Can one of the parties request the arbitrators to reverse the dispute? If so, what are the options of the party?
|Date of Award||6 Jul 2022|
- Universidade Católica Portuguesa
|Supervisor||Rita Lynce de Faria (Supervisor)|
- Interim measures
- Inversion of litigation