As Providências Cautelares e a Arbitragem: em Que Estamos?
2010; Volume: 7; Issue: Issue 28 Linguagem: Inglês
10.54648/rba2010061
ISSN2405-7436
Autores Tópico(s)Legal principles and applications
ResumoABSTRACT: The objective of this text is to present an overview of the Portuguese situation in relation to interim measures. The Portuguese Arbitration Law (Law nº 31/86) is outdated and does not face the issue of interim measures, procedural orders and other legal instruments that are central to the arbitration theory and practice. However the Portuguese arbitrators and practitioners as a whole are obliged to work in a legal environment in which interim measures are each year more common and relevant. The article tries to propose the needed solutions in accordance with the Portuguese legal system, paying tribute to the South American evolution, in particular the Brazil, where innovative approaches may be an inspiration. It is also analysed the project of a new arbitration law, prepared by the Portuguese Arbitration Association upon a request by the Portuguese Government, that in 2011 is being discussed at the Portuguese Parliament.
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