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