Portugal is a so-called Model Law country.

 

The Arbitration Law on Voluntary Arbitration — Law No. 63/2011

(hereinafter, VAL) — was adopted on 14 December 2011, and came into

force on 14 March 2012. The VAL is inspired by the UNCITRAL Model

Law, albeit having been tailored to the specific needs of the Portuguese

legal system. The VAL revoked the previous arbitration law, Law No.

31/86 dated 29 August 1986.1

 

The VAL is the statutory basis for all private voluntary arbitration

taking place in Portuguese territory, as well as for the recognition and

enforcement in Portugal of arbitral awards rendered in arbitrations seated

abroad. It covers both domestic and international arbitrations and sets

forth specific chapters for each one. It adheres to objective criteria by

defining international arbitration as one involving international

commercial interests. The VAL has a specific Chapter—Chapter IX—

governing international arbitration. Aside from the specific provisions

contained in Chapter IX, the rules for domestic arbitration apply mutatis

mutandis.

 

Although the VAL reflects Portugal’s will to modernise the

arbitration framework and turn the country into a more attractive

arbitral venue, some of the solutions provided by the VAL are still

being tested. An example of that is VAL’s regulation on interim relief,

specifically provisional measures and preliminary orders issued by

arbitral tribunals.