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Services

Our Services

ARBITRARE offers three types of services whithin the resolution of the disputes:

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Information Service

Composed of legal counsels specialized in ARBITRARE’s areas of competence

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Mediation Service

Composed of qualified conflict mediators

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Arbitral Tribunal

Composed of arbitrators of recognized merit

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Information Service

The Information Service is composed of legal counsels specialized in the areas of competence of ARBITRARE and is available by telephone (+351 211 203 100) or e-mail to answer various questions, namely:

  • related with the Centre’s Regulations;
  • concerning arbitration, mediation and the adherence to these ADR means;
  • arising out of the filing and conduct of the arbitral proceedings;
  • any other matters comprised within the legal scope of the Centre.

The legal information provided by the Information Service is generic. If legal counselling is needed, an Official Industrial Property Agent or a Lawyer must be consulted.

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Mediation Service

The Mediation Service is composed of qualified conflict mediators who have attended the mediator training course organized by a training entity certified by the Portuguese Ministry of Justice.

Mediators are professionals that act in a neutral and impartial way, devoid of powers of imposition, who assist the parties in their attempt to obtain a mediation settlement agreement.

During the mediation stage, mediators aim to assist and support the parties, allowing them to reach a fair and equitable agreement to end the existing dispute.

This is an optional stage, integrated in the arbitral proceedings (not applicable to proceedings concerning medicines), which takes place after the presentation of the written submissions by the parties. The parties are invited to a mediation session that shall only take place if they all accept to submit the resolution of the dispute to mediation.

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Arbitral Tribunal

The Arbitral Tribunal is composed by independent and impartial arbitrators from the parties and cannot act as their representatives or nominees.

The Arbitral Tribunal can be composed:

  • by a sole arbitrator, appointed by agreement of the parties; or
  • by three arbitrators, whereas each party appoints one arbitrator and both of them appoint the third arbitrator, who will chair the tribunal.

The constitution of the Arbitral Tribunal takes place upon acceptance of the appointment by the arbitrator(s), following the parties’ presentation of written submissions and the mediation stage, when such stage takes place.

ARBITRARE provides a list of arbitrators composed by renowned and reputed persons, whose experience and professional qualifications offer guaranties of integrity and reputability to perform the role of arbitrator. The parties may appoint arbitrators integrated in the referred list or others, external to the Centre.

Procedural Stages

The resolution of a dispute filed with ARBITRARE goes through 3 distinct stages:

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1
First Stage

Presentation of procedural documents

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Filing of the initial petition trough ARBITRARE’s online platform for dispute resolution.
Monitor com sinal de aprovação
The defendant and existing affected parties are notified to accept the submission of the dispute to the jurisdiction of ARBITRARE, except if an arbitration agreement was subscribed.
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The defendant is ordered to present written answer, and existing affected parties they are notified to present allegations.
2
Second Stage

Mediation (optional stage)

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The parties are invited to resolve the dispute in a mediation session, where they will try to reach an amicable settlement with the intervention of an impartial and independent third party, the mediator.
3
Third Stage

Arbitration

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If the mediation does not take place or if an agreement is not reached, the arbitral tribunal shall be constituted comprising one or three arbitrators.
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The arbitral award is made within a time-limit of 3 months (or 6 months in proceedings concerning medicines), counting from the constitution of the arbitral tribunal.