State immunity and arbitration in Portugal
Produced in partnership with Duarte Henriques of BCH Lawyers
Practice notesState immunity and arbitration in Portugal
Produced in partnership with Duarte Henriques of BCH Lawyers
Practice notes
This Practice Note considers the role of state immunity in relation to Arbitration proceedings in Portugal. For a general introduction to state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. In addition, for Practice Notes on state immunity in a number of Jurisdictions around the world (including England and Wales), see our ‘State immunity’ subtopic: State immunity and arbitration—overview.
State immunity in Portugal
State immunity is not a legal rule in force in the Portuguese jurisdiction. In fact, there is no express legal provision enacting the principle that ‘Par in parem non habet judicio’ (state immunity). Although Portugal is a party to the United Nations Convention on Jurisdictional Immunities of States and their Property, drawn up on 17 January 2005 in New York (Portugal acceded to the New York Convention on State Immunity by Decree of the President of the Portuguese Republic No 57/2006 of 20 June 2006, which entered into force on 14 September 2006), this international legal instrument is not yet in force.
Portugal is also party to the Vienna
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Jurisdiction(s):
United Kingdom
Key definition:
Arbitration definition
What does Arbitration mean?
Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.
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