ARBITRARE is an institutionalized arbitration centre, with national scope, created in 2009 and a part of the network of Portuguese Arbitration Centres supported by the State, competent to resolve:
- Disputes arising out of Industrial Property Rights, .PT Domain Names, Trade Names and Corporate Names, subject to voluntary arbitration; and
- Disputes arising out of Industrial Property Rights, when reference medicines and generic medicines are at stake, subject to compulsory arbitration under Law no. 62/2011, 12 December.
These disputes can occur between:
ARBITRARE provides a means of Alternative Dispute Resolution, such as:
Mediation is a means of alternative dispute resolution, extrajudicial, confidential and voluntary, in which the parties involved are responsible for reaching a decision.
The parties are assisted by a neutral and impartial third party - the mediator - in seeking a fair and equitable agreement in order to resolve the dispute between them. Unlike a judge or an arbitrator, the mediator is not a decision-maker, but merely guides and clarifies the communication between the parties aiming to reach a satisfactory solution to all the intervening parties.
Arbitration is a means of alternative dispute resolution where the parties entrust a third party – the arbitrator – to decide on the outcome of the dispute, by making a binding and enforceable award.
Arbitration can be voluntary or compulsory.
Voluntary arbitration is based on a settlement between the parties (arbitration agreement), through which they provide to one or more persons the power to decide the dispute.
The arbitration agreement can be: an arbitration clause or a submission agreement. The arbitration clause concerns possible disputes, which may arise in respect of a defined legal relashionship, contractual or not, and the submission agreement concerns an existing dispute.
Compulsory arbitration results from a legal provision forcing the dispute resolution of certain disputes through an arbitration court, thus preventing their resolution by State courts.
ARBITRARE offers the following advantages:
Disputes are resolved within a maximum time-limit of 6 months counting from the constitution of the Arbitral Tribunal.
Disputes are resolved by renowned arbitrators, holders of expertise in the areas of competence of ARBITRARE.
- SAFETY AND EFFECTIVENESS
The Arbitral Award has the same value as State Court Judgment.
Confidentiality is guaranteed in all procedural stages.
ARBITRARE makes available a secure and functional online application, where the proceedings submited to arbitration are carried out.
The proceedings can be carried out in the Portuguese and/or the English language.