Arbitration or court – which route is more suitable
Voluntary arbitration, governed by Law No. 63/2011 of 14 December (the Voluntary Arbitration Law), is an alternative to the courts for resolving disputes, with decisions that have the same enforceability as those of the courts of first instance. The choice between the ordinary courts and arbitration depends on factors such as the nature of the dispute, the need for confidentiality, the technical expertise required, and the existence of an arbitration agreement previously agreed between the parties. We examine the advantages and disadvantages of each route, and the criteria for choosing between them, in the article Arbitration or court – which route is more suitable.
Civil procedure
Portuguese civil procedure, governed by the Code of Civil Procedure, is the ordinary route for the judicial resolution of disputes between individuals and companies, ranging from declaratory actions, aimed at obtaining judicial recognition of a right, to interim measures, aimed at protecting a legal position urgently and provisionally. We assist clients in conducting civil and commercial actions, from the initial claim to the final decision and any appeal. We detail the stages of civil procedure and the applicable time limits in the article Civil procedure in Portugal – guide to the process.
Public disputes
Disputes with public bodies – the State, local authorities or other public administration entities – follow a procedural regime of their own, distinct from ordinary civil procedure, governed essentially by the Code of Procedure in the Administrative Courts. These disputes can arise in very different contexts, from the challenge of administrative acts to disputes arising from public contracts. We develop the particularities of administrative litigation in the article Public disputes – administrative litigation in Portugal.
Criminal defence
Defence in criminal proceedings is subject to its own guarantees and time limits, governed by the Code of Criminal Procedure, and specialised legal assistance is important from the earliest stages of the proceedings – in particular from the moment of being made an arguido (formal suspect) – and not only at the trial stage. We provide legal advice in criminal proceedings at all stages. We detail the rights of the arguido and the different stages of criminal proceedings in the article Criminal defence in Portugal – rights of the accused.
Enforcement of judgments
Obtaining a favourable judicial or arbitral decision is often only one stage of the process. Enforcement of that decision, where the losing party does not comply voluntarily, is a separate procedural stage, with its own rules and formalities. We assist clients in the enforcement of judgments and other enforceable titles, including the seizure of the debtor’s assets. We examine the enforcement process in more depth in the article Enforcement of judgments in Portugal – how to recover what you are owed.
About Araújo & Associados
Established in 1980, with offices in Porto and Lisbon, Araújo & Associados provides legal advice to clients from more than 31 countries, in Portuguese, English, French, German and Spanish, representing clients before the judicial, administrative and arbitral tribunals throughout the country.
Frequently asked questions about litigation in Portugal
When is arbitration preferable to proceedings in the ordinary courts?
It depends on factors such as the need for confidentiality, the technical expertise required by the dispute, the speed desired, and the existence of an arbitration agreement previously agreed between the parties, for example in a commercial contract. Each situation must be assessed on a case-by-case basis.
Does a dispute against a local authority or the State follow the same rules as an ordinary civil case?
No. Disputes with public bodies generally follow the specific regime of administrative litigation, governed essentially by the Code of Procedure in the Administrative Courts, distinct from ordinary civil procedure.
At what point should I look for a lawyer in criminal proceedings?
Legal assistance is recommended from the earliest possible stages, in particular from the moment one is made an arguido (formal suspect), and not only when the case reaches the trial stage.
I won the case in court, but the other party does not comply with the decision. What can I do?
You can resort to enforcement of the judgment, a separate procedural stage that allows compliance with the decision to be obtained by compulsion, including, where necessary, through the seizure of the debtor’s assets.
Does an arbitral award have the same force as a court decision?
Yes. Arbitral awards made under the Voluntary Arbitration Law have the same enforceability as decisions of the courts of first instance.
Contact us
For more information on litigation or arbitration, or to book a legal consultation, you can contact us through our Porto or Lisbon offices, by telephone, email or via the form on the website. We provide legal advice in Portuguese, English, French, German and Spanish.