mARCH 2012
www.lawyer-monthly.com Global Arbitration 21
In addition, I am a member of the Commercial Arbitration Committee, in the International Law Association, and an arbitrator at the most
important Portuguese arbitration Centre of Lisbon Commercial Association. José Carlos Soares Machado
Nowadays arbitration is a safe and sophisticated jurisdiction that attracts the best lawyers, national and internationally. This is a safeguard for choosing this method of dispute resolution.
There have been too, it is true, some
troubles, some difficult situations and some abuses or inanities from arbitrators. You have to choose well and be aware of the risks.
The only situation where I would prefer
court action is in complex cases, when arbitration clauses do not bind every party or every claim that arises from a legal relationship.
Q
The recent breakdown in relations between carmakers Suzuki and Volkswagen has recently pushed Suzuki to demand that Vw submit to arbitration as it attempts to force the company to sell a 20% stake it owns in the Japanese group. what are your opinions on this case?
It is a dispute that, as far as I know, has not yet reached the courts and that both parties will most probably want to submit to arbitration. It is of course a very good example of a case where the several inconveniences of going to court will certainly recommend the choice of international arbitration.
Q
Do laws and regulations differ for domestic companies, as opposed to foreign companies?
Not at all. In Portugal, the Arbitration Act
recently passed in Parliament is applicable to domestic and foreign companies without any particular difference.
Q
How do you assist clients involved in arbitration? Is there any general advice you could offer clients to prevent the situation from escalating?
Basically, we think that we must always be making a profound risk evaluation of the dispute, its facts and applicable law, as well as all the opposite party probable arguments, since the very beginning of a pre/litigation phase, and then permanently during the subsequent phases of the case. It is very important to give the clients an objective view of their cases and help them to see them in a correct perspective.
Q
Do you foresee the need for legislative change in 2012, if so why?
Our new Arbitration Act, recently approved, is entering into force in March 2012. It is an entirely new law based on the UNCITRAL Model Law, version of 2006. It includes provisions over interim measures, including the section about preliminary orders. Confronted with the previous law, it is a huge step towards the modernization of Portuguese arbitration. Note that this Act applies both to domestic and international arbitration. The following years will, undoubtedly, test the advantages and disadvantages of the new law. Only after some years or practice the need for changes will arise.
The Government is willing to legislate on mediation and has publicly presented
a legislative project over the subject. Mediation is still not applied to business disputes in Portugal, but I would argue that in the future will be a common way of conflicts resolution. LM
CONTACT:
José Carlos Soares Machado Partner
Rua Dom Francisco Manuel de Melo, 21 1070-085 Lisbon Portugal
Tel: +351 21 313 20 00
Email:
soares.machado@
srslegal.pt Website:
www.srslegal.pt
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114