Image

Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals

Recognition and Enforcement of Tribunal-Ordered Interim Measures and Effective Judicial Protection: A Portuguese Perspective

  • Publication Name: American Review of International Arbitration
  • Publication Name Index: American Review of International Arbitration

Interim relief has always been a challenge in international arbitration. Despite some legislative steps to incorporate enforcement of interim measures issued by arbitrators, a question remains: do the rules on recognition and enforcement of tribunal-ordered interim measures guarantee the principle of effective judicial protection? To answer this question, this article dives into the constitutional dimension of interim relief in arbitration, considering both international and national sources, as well as its legal dimension. Although the Portuguese Arbitration Law enshrines the principle of recognition and enforcement of tribunal-ordered interim measures, an adequate procedure to ensure enforcement is still missing.