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FAQs

ARBITRARE is an institutionalised arbitration centre, with a specialized scope, created by Order of the Secretary of State for Justice and constituted in 2009 as non-profit private association.

 

An arbitration centre is an institution of a permanent nature, with its own regulations, competent to promote the resolution of disputes through extra-judicial means such as mediation, conciliation and arbitration.

In institutionalised arbitration the parties entrust the organization of the arbitration to an Arbitration Centre, like ARBITRARE, endowed with regulations defining the conduct of the arbitration proceedings submitted to it. The parties may provide the option for an appeal to institutionalised arbitration with an arbitration clause or subsequently decide to resort to arbitration, when the dispute arises, by signing an arbitration agreement.

In ad hoc arbitration the parties opt to organize the arbitration themselves, without the need to resort to a specialized institution.

Institutionalised arbitration, in particular with ARBITRARE, offers numerous advantages when compared with ad hoc arbitration, namely:

  • Existing Regulations which have been tried and tested;
  • Celerity in the resolution of arbitration proceedings due to the fact that the arbitral award must be made within the time-limit of 3 or 6 months (6 months for disputes arising out of industrial property rihts when reference medicines and generic medicines are at stake) counting from the constitution of the Arbitral Tribunal;
  • A list of specialized arbitrators who offer guaranties of honesty and exemption to perform the role of arbitrator;
  • The decision by the Chairman of the Board of Directors of ARBITRARE on several matters, namely the appointment of arbitrators when parties fail to appoint them, the refusal and replacement of arbitrators etc..;
  • Control of the procedural costs of arbitration, ensuring low costs;
  • Efficiency and quality in the course of the arbitral proceedings, assured by the following up by the ARBITRARE team and by an Online Platform for Dispute Resolution (the course of the proceedings is totally dematerialised);
  • Option to file the proceedings in Portuguese and/or in English.

 

In addition to institutionalised arbitrations, ARBITRARE can also intervene in ad hoc arbitrations within the scope of its competence, offering domicile and secretarial services.

Mediation and conciliation are amicable ways of resolving disputes, where the aim is to obtain an agreement between the parties with the intervention of a third person, a professional qualified to carry out the role of mediator or conciliator.

Arbitration is an alternative way of resolving disputes through which a neutral and impartial third party - the arbitrator - appointed by the parties or by the Centre, decides the dispute in the same terms as a judge of a State Court would.

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 relationship, 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 has a national scope to resolve disputes in matters of Industrial Property, .PT Domain Names, Trade Names and Corporate Names.

As an example, the following disputes can be resolved with ARBITRARE:

  • A company becomes aware that its patent is being violated by a third party, it may then resort to ARBITRARE requesting the recognition and abstention of such violation and claiming potential damages incurred;
  • A private party has its request for registration of a trademark refused by the Portuguese National Institute of Industrial Property, he can the resort to ARBITRARE to react against this decision;
  • Someone is of the opinion that his company name is being misused on the internet as a domain name, he can then react by resorting to ARBITRARE requesting the removal and/or the transfer of the legal ownership of the domain name;
  • A private party to whom a registration request for a company trade name is refused by the Portuguese National Register of Legal Persons, he may then resort to ARBITRARE to react against this decision.

To submit a proceedings, you must file an Initial Petition, by electronic means, through the ARBITRARE's Online Platform for Dispute Resolution containing the elements required on the ARBITRARE Arbitration Rules applicable to the dispute at stake.

A dispute submitted to an arbitral tribunal with ARBITRARE goes through 3 stages:

1.st - Presentation of procedural documents, namely, the Initial Petition by the Claimant, the written Answer by the Defendant and the Allegations by the Affected Party;

2.nd - Mediation* (optional stage);

3.rd - Arbitration.

*(not applicable to disputes arising from industrial property rights regarding reference medicines and generic medicines)

Yes, since the submission of a dispute to voluntary arbitration is subject to the agreement of the parties, formalized in writing as an arbitration agreement.

Whenever the arbitration agreement already exits, the Initial Petition must be filed with the referred document.

Whenever no previous arbitration agreement exists, the interested party may still submit an Initial Petition. The ARBITRARE Information Service shall contact the other parties in order to assess their willingness to subscribe the arbitration agreement.

When an arbitration agreement is not established, the proceedings will be archived with the consequent reduction of the procedural costs.

 

 

 

Yes, there are 3 entities bound to ARBITRARE:

  • The Portuguese National Institute of Industrial Property (bound by Order);
  • The Portuguese Institute of Registration and Notary Affairs (bound by Order);
  • The Portuguese Association DNS.PT (bound by the .PT Domain Name Registration Rules).

The binding of these 3 entities represents an additional guarantee for private parties who resort to ARBITRARE, ensuring that these entities accept to submit disputes arising out of their decisions to the resolution by an arbitral tribunal.

The parties may opt to choose one or three arbitrators. As a rule, when there is no agreement regarding the number of arbitrators a sole arbitrator will be appointed for the arbitration, except in disputes arising out of industrial property rights when reference medicines and generic medicines are at stake where the existing rule is the appointment of three arbitrators.    

 

Whenever the parties opt for one arbitrator, the appointment shall be made by agreement. If the parties fail to appoint the arbitrator, the Chairman of the Board of Directors of ARBITRARE shall make the appointment.

 

If, however, the parties have agreed upon the constitution of the arbitral tribunal composed by three arbitrators, each party shall appoint one arbitrator and the two arbitrators shall appoint the third one, who will chair the arbitral tribunal.

Any fully capable natural person (of legal age and with no legal restrictions to the exercise of his/her rights) can be appointed arbitrator. Arbitrators may belon to the ARBITRARE arbitrators list or can be external, and they can be Portuguese or foreign.

Upon accepting the appointment as arbitrator, the appointee will only be legitimately excused if a supervening cause arises, preventing him/her of performing his/her duties (as arbitrator), and this event is subsequently recognized by the Chairman of the Board of Directors of ARBITRARE. The arbitrator who fails to comply with this requirement shall be held liable for any damages caused.

 

All arbitrators, appointed either by the parties or by the Chairman of the Board of Directors of ARBITRARE must be and remain independent, impartial and available.

 

Upon acceptance of office the arbitrator shall sign the statement of acceptance, availability, impartiality and independence foreseen in the ARBITRARE Arbitration Rules. This statement shall be updated if during the arbitration proceedings any new circumstance emerges that, from the parties' perspective, may give rise to reasoned doubts as to the arbitrator's independence or impartiality.

The Arbitral Tribunal accepts all means of proof accepted by law (documentary, testimonial and expert evidence), and such evidence should be produced or presented by the parties.

ARBITRARE is a bilingual Arbitration Centre, allowing the parties to choose between the Portuguese or the English languages.

The arbitration shall take place at the head office of ARBITRARE or in any other suitable location chosen by agreement of the parties.

Regardless of the seat of arbitration, the arbitral tribunal may, by its own initiative or by suggestion of the parties, meet in any location deemed appropriate for conducting hearings or perform any other necessary measures.

 

The value of the procedural costs is set taking into account:

*The value of the dispute corresponds to the immediate economic utility of the claim and it is the claimant´s responsibility to indicate such value when filing the Initial Petition with ARBITRARE.

The payment of the procedural costs shall occur previously or together with the presentation of the Initial Petition by the Claimant, the Answer by the Defendant or the Allegations by the Affected Party.

The payment of the referred costs shall be made by bank transfer to IBAN PT50.0033.0000.45372547632.05, SWIFT/BIC BCOMPTPL.

 

 

By law, the arbitral award has the same enforceability as a state court judgment.

The arbitral award shall be made in the maximum time-limit of 3 or 6 months (6 months for disputes arising out of industrial property rights when reference medicines and generic medicines are at stake), counting from the constitution of the arbitral tribunal, which can be extended upon agreement by the parties or by decision of the Chairman of the Board of ARBITRARE, at request of the arbitral tribunal.

In the proceedings subject to voluntary arbitration the rule is the lack of possibility to appeal from an arbitral award. However, an appeal is admitted to a state court whenever the parties expressly comtemplated such possibility in the arbitration agreement.

In any case, it is always prohibited that the parties appeal against na arbitral award if the arbitral tribunal judges according to ex aequo et bono or as amiable compositeur.

In the proceedings related to industrial property rights when reference medicines and generic medicines are at stake an appeal can be filed with the competente court of appeal, having a non-suspensive effect.

 

Simple and Fast
Unbureauchratic, the disputes are resolved within a maximum time-limit of 3 months counting from the constitution of the arbitral tribunal.

Specialized
The arbitrators are experts in the areas of competence of ARBITRARE.

Secure and Effective
The arbitral award has the same value as a state court judgment.

Confidential
Confidentiality is guaranteed in all procedural stages.

Online
Procedural dematerialization due to a functional and secure online application.

Bilingual
The proceedings can be carried out in the Portuguese and/or the English language.

Any queries you might have on course of an arbitral proceedings or regarding the operation of ARBITRARE, do not hesitate to contact us by phone: 211203100 or by e-mail: geral@arbitrare.pt