mARCH 2012 20 Global Arbitration www.lawyer-monthly.com

ARBITRATION PORTUGAL

Taking a look at Portugal as part of Lawyer Monthly’s Arbitration Legal Focus, we speak to José Carlos Soares Machado, senior partner of SRS and Head of litigation and arbitration department. José Carlos has 34 years of experience and expertise as a litigation/dispute resolution lawyer. As a litigation expert, José Carlos Soares Machado has a reputation as a tough yet fair trial lawyer, who achieved success in a number of medium and large court cases.

Profile

José Carlos Soares Machado has been involved in several arbitration cases, both as an arbitrator or as a party representative. He has also been involved in the legal process of creating two important arbitration centers, one created in 1992 by the Portuguese Bar Association and the other in 2000 by the Portuguese Property Owners Association.

Mr. Soares Machado was elected

Member of the National Board of the Portuguese Law Society (1993), and President of its Lisbon Council (1996). In 1999, he ran for National President of the Portuguese Law Society and in 2002 was elected Member of its National Supreme Council.

Q

what are the common causes of disputes between businesses in your country, and across borders?

There are many different causes of disputes in Portugal, the most common being contractual liability in all commercial areas of practice, namely in cases that involve discussions in corporate, Mergers and Acquisitions, and Financial Litigation. Real Estate is also very common.

Since 2005, Mr. Soares Machado has been appointed as the representative of the Minister of Justice on the National Supervisory Board of Insolvency Administrators. Additionally, for the last 20 years he has also been heading the Litigation Department of the Portuguese Real Estate Owners Association. He is also a Professor at the Faculty of Law Lisbon Nova University (Universidade Nova de Lisboa).

In addition, Mr. Soares Machado is a

member of the Commercial Arbitration Committee, in the International Law Association, and an arbitrator at the Lisbon Commercial Assocation, the most important Portuguese arbitration Centre.

Q

Is there a typical method of dealing with dispute resolution for all businesses or do you have to employ a specific tactic for foreign companies compared to local companies?

There are no significant differences between national or foreign companies; we have great experience in international disputes, as a consequence of our very old

and strong links with international law firms and multinational companies. In fact, our firm was the first in Portugal to belong to an international net. Usually, American and European companies are much more demanding in strategic procedures discussions, but we deal precisely the same way with the Portuguese companies, which in the end, also benefit from our international experience.

Q

what, in your opinion, are the advantages of arbitration as a dispute resolution method, as opposed to court action?

It’s much faster; you get better quality and reliance when you choose good arbitrators. You avoid the inconvenience of the judicial court, especially the impossibility of knowing who is going to address your case. The confidentiality of the proceedings is also an important factor to consider. These are valid reasons for domestic arbitration.

In international disputes, an arbitral

award is easier to enforce all over the world – that is the most important factor, in my opinion. Of course and again the ability of choosing the arbitrators, particularly in specific areas of business or knowledge, is a relevant advantage.