Katie Hyman & João Nuno Frazão Join Victoria Associates

It is our pleasure to announce the Victoria Associates’ new members. Katie Hyman, based in Washington DC, and João Nuno Frazão, based in Lisbon joined Victoria Associates as of September 2020.

Katie Hyman is dual-qualified as an English solicitor and New York attorney and is admitted as a special legal consultant in the District of Columbia. She is widely experienced in international dispute resolution, including multijurisdictional, offshore and investor-state matters.

Katie represents a variety of clients, including in the energy and telecoms industries, in high-value, complex international commercial arbitration proceedings under the major arbitral rules all over the world, as well as in investor-state arbitrations. She is a Fellow of the Chartered Institute of Arbitrators, and accepts arbitrator appointments in addition to her practice as counsel.

With this addition, Victoria Associates has now offices in Washington D.C.

João Nuno Frazão is a lawyer qualified in Portugal, admitted to the Portuguese Bar Assocation in 2016. João is a PhD candidate at Nova School of Law, with research focused on Space Law, International Law and European Law.

May 4, 2020May 4, 2020

Why Arbitrate in Portugal? Reason 7 – Supportive Courts

International Arbitration & Portugal

Supportive State Courts

In addition to the several previously mentioned advantages in regards to selecting Portugal as an all-encompassing jurisdiction for the resolution of international arbitration disputes, it is worthwhile mentioning the adaptive and supportive Portuguese state courts.

As touched upon in previous posts, Portugal shares historic and legal roots with other Lusophonic countries, which has been a critical factor in the selection of Portugal in the execution of bilateral agreements, making it appealing as a jurisdiction for international arbitration. These agreements have led to Portugal being considered as having supportive state courts within the realm of arbitration.

Courts in Portugal consistently adhere to the principle that the arbitral tribunals are competent to decide on their own competency. A number of cases related to swaps show that courts do not hesitate to refer parties to arbitration even in the event that there exist allegations that these contracts are null for violating public policy. Arbitral tribunals are sufficiently competent to decide on the costs of arbitration, and courts will only intervene where excessive situations occur. Arbitral awards are only set aside when there is a violation of public policy or other fundamental principles of arbitration – which is very rare!

The UNCITRAL Model Law contains the fundamental principles of party autonomy as well as all the legal tools necessary for the successful resolution of an international arbitration dispute. These tools, embodied within the Portuguese state court system, include equality of parties, due process as well as the finality of the award. Another advantage of this system entails the fact that any dispute can be subject to arbitration as long as it is not exclusively submitted to the state courts and concern economic interests. Disputes not involving economic interests can also be subject to arbitration so long as the dispute in question is capable of being subject to a settlement by the parties. The state court system also allows for the arbitration of issues concerning labor agreements, which in the past were only open for dispute within judicial courts.

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If you would like more information or have any questions regarding international arbitration in Portugal, please send us an email to info@victoria.associates and we will be in touch as soon as is possible.

April 24, 2020April 24, 2020

Victoria Associates Welcomes Miguel Salas and Sevilla !

Victoria’s reaching the starting point!

We are thrilled to share our latest news with you!

Victoria Associates has reached the starting point and is adding an office where it all has begun. Indeed, the expedition of Ferdinand Magellan truly begun in Sevilla, then the capital city of Castilla (Spain). Victoria was the only ship to return safely to its departure harbour, some three years later.

Now, Victoria Associates is proud to announce that it has an office in Seville, in one of its premium locations and just across the “Catedral de Sevilla” and the “Archivo General de Indias“.(1)

Through the incorporation of its new member, Miguel Salas, founder partner of Salas y Donaire, Victoria Associates is expanding its reach and is now able to provide any kind of services related to international disputes in Spain.

Miguel Salas is a seasoned lawyer, with 25+ years of experience, dealing in a number of areas of law, particularly litigation and arbitration.

With this addition, Victoria Associates not only boosts its reach but also and more importantly is welcoming a lawyer truly embedded in its spirit and values. It will surely be a tremendous and rewarding experience!

Bienvenido Miguel, bienvenida Sevilla,

¡ OLÉ !

(1) The General Archive of the Indies in Seville was founded in 1785 by King Carlos III, with the aim of centralising in a single place the documentation relating to the administration of the Spanish overseas territories that had been dispersed in various archives.

The archive conserves some 43,000 files, with some 80 million pages and 8,000 maps and drawings that come mainly from the entities responsible for the administration of the overseas territories. It was declared a World Heritage Site by UNESCO in 1987, along with the Cathedral and the Real Alcázar.

April 16, 2020April 16, 2020

Why Arbitrate in Portugal? Reason 6 – A Robust Legal System

International Arbitration & Portuguese Law

A robust legal system

When selecting a jurisdiction for international arbitration, as noted in previous posts, there are several important factors to consider, among them, is the legal system of the country chosen. Portugal has recently implemented some changes to its legal system, including to international arbitration laws, which make it an alluring jurisdiction.

On the 14^th of March 2012 the new Portuguese Voluntary Arbitration Law (PAL) came into effect and revoked the former, and more outdated, Portuguese arbitration law. The PAL is inspired by the Uncitral Model Law, and aims to introduce a more modernized system for arbitration and further promote Portugal as an appealing jurisdiction for international arbitration.

PAL provides for the most in-demand features ranging from the principle of separability of arbitration agreements as well as the competence of arbitral tribunals to decide on their own competence to the joinder of third parties, as well as the powers that are granted to arbitral tribunals to order interim measures in pending or about to start arbitrations. The general advantageous principles underlying the PAL are:

Party autonomy;
Kompetenz-kompetenz: the PAL confers jurisdiction on state courts to decide a dispute only where the arbitration agreement is manifestly null and void, inoperative or incapable of being performed;
Adhering to procedural principles such as, party equality, due and fair process, and the adversarial principle.

The principle of separability of the arbitration clause recognized by the PAL is also an advantage as a finding of nullity or unenforceability of the contract will not affect the validity of the arbitration clause.

Arbitral awards in Portugal are final and subject to no appeal. An annulment of the arbitral award may only be granted under very limited and special circumstances. This new arbitration law also provides for very constricted and limited circumstances under which a foreign arbitral award may be refused recognition and enforcement.

Portugal is a part of around 60 bilateral investment treaties, making it a prime location for the resolution of international arbitration cases from a varying and wide range of countries. Portugal is also a signatory party to the most relevant international treaties related to arbitration, such as the New York Convention and the International Centre for Settlement of Investment Disputes (ICSID) Convention. Being a part of these various treaties makes it so that there is less legal confusion when selecting Portugal as a jurisdiction for arbitration.

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If you would like more information or have any questions regarding international arbitration in Portugal, please send an email to info@victoria.associates and we will be in touch as soon as is possible.

April 7, 2020

Why Arbitrate in Portugal? Reason 5 – Modern Country, Modern Facilities

Portugal & International Arbitration

Recently modernized infrastructures and facilities

Portugal is a developed country with many modern infrastructures and facilities. In recent times, Portugal has been considered a spearhead in terms of new technologies and IT solutions. This is especially relevant in terms of the fact that many of these new technologies have also been applied to the Portuguese judicial system.

Since the late 90’s, Portugal initiated a program to renovate and modernize its infrastructures, including court premises. The judicial system is supported by a modern IT infrastructure that allows almost every lawsuit to be managed online by court judges, court clerks and counsel. Almost every court judge will allow the taking of witness depositions via video-conferencing, including by Skype as well as other applications.

Portugal currently contains modern arbitration centres and state-of-the-art facilities to manage arbitrations and hold hearings. An example of those facilities may be found in the website of the Arbitration Centre of the Portuguese Chamber of Commerce and Industry (CAC) HERE.

Procedures before state courts are almost entirely managed through web-based platforms, the most important and notable of which is referred to as “Citius”, which was introduced by the Portuguese ministry of justice. Thanks to this web-based platform, paperless dockets have been a reality in Portugal for many years now. There are many other advantages of this platform including allowing for the submittal of court documents and decisions, as well as the consultation of proceedings by judges, lawyers and court clerks. Other advantages of this platform included notifications being provided online, as well as the logistical coordination of the proceedings themselves.

Arbitration has been benefiting from this new landscape, for example, if one party intends to begin arbitration and needs an interim measure; all that must be done is to file a request via the “Citius” web-based platform. The request will then arrive at the judge’s desk the following day. This online system works for every arbitration related matter that needs to be dealt with by state courts, with the exception of the Supreme Court of Justice.

What makes Portugal’s adaptation of modernized facilities and the usage of new technology in the judicial system is that not only has this greatly streamlined and facilitated the international arbitration dispute resolution process, but also that Portugal’s path to modernization, in comparison to other countries, has been less fraught with setbacks during this process.

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March 24, 2020

Why Arbitrate in Portugal? Reason 4 – A Safe and Friendly Place

Portugal & International Arbitration

A safe, stable and reliable jurisdiction

Portugal, with its stable economic, political and legal systems has been growing increasing popular in the realm of being considered as an advantageous destination not only for tourism but also for the resolution of international arbitration disputes. Alongside this, Portugal is considered to be one of the safest countries in the world with a ranking as among the top 5 safest countries in the world, according to World Atlas.

With the recent destabilization in many European countries in regards to political, economic and even in terms of elevated terror threats, Portugal has remained among the very few which has remained stable in all these regards over the past years.

With the looming uncertainty of Brexit in the UK and the fact that the fate legal and political systems has been up in the air until the decision has been completely resolved, has deterred many from selecting the UK as a stable jurisdiction.

The rise of the extreme right in several other European countries has also served to destabilize not only their respective economies but has also brought uncertainty to the fate of their political and legal systems.

The rise of terrorism in Europe over the past few years in many countries has also served to dissuade many in seeking out these countries. There have been several significant terrorist attacks, and in some countries more than one attack, over the past decade alone in France, Germany, Norway, Ukraine, and the UK. Portugal’s terrorist threat index rate is the lowest within the EU, due to political, but also geographic reasons as it only borders Spain, with the other border being the Atlantic Ocean.

These considerations all factor into the selection of a safe and stable jurisdiction for the resolution of international arbitration disputes. Those who select Portugal as a jurisdiction have the peace of mind that at any given moment the political and legal systems won’t simply drastically change, thusly potentially negatively affecting the outcome of a successful resolution.

If you need more information, send us an email info@victoria.associates

March 15, 2020March 15, 2020

Why Arbitrate in Portugal? Reason 3 – Legal Background

The Portuguese Legal Background & International Arbitration

Enduring legal ties between Lusophone Countries

The fact that the Portuguese Civil Code and Code of Civil Procedure are still in force in the Lusophone countries of Angola, Mozambique, Cape Verde, São Tomé Principe, and Guinea Bissau gives Portugal yet another advantage in terms of selecting a jurisdiction for international arbitration. These countries very closely follow, to this day, the Portuguese Case Law, meaning that Portuguese law is still very much embedded and relevant within their respective legal systems. Although these Lusophone countries have their own distinct identities, these countries still continue to share a strong historical and legal background.

Over the past decades many of the Lusophone countries have had their economies and respective investment opportunities grow substantially. Angola is considered to be one of the world’s top diamond producers as well as having many other investment opportunities in the realm of agriculture, construction and transportation sectors. Mozambique is another example with recently discovered natural gas reserves which has boosted, and is projected to continue to boost, its economy substantially. Macau is home to one of the largest gaming industries in the world, with total yearly revenue of about 28.9 billion US dollars. Among the aforementioned countries, Portugal itself is also quickly recovering from a financial crisis, and has been currently housing many technologically oriented startups due to currently having the lowest operational costs in Western Europe.

Due to the enduring legal ties and the rich economic and investment climate currently present within the Lusophone countries, Portugal poses as a strong platform for the resolution of international disputes. The fact that the legal ties still exist have shown to be a factor when deciding on the execution of bilateral agreements and in legal agreements between Lusophone countries and Portugal. Having a common language also eliminates the need for procedural translations and also ensures the trust amongst parties and arbitrators in dispute resolution.

Aside from this, and as mentioned in previous posts, Portugal is a member of the most important international arbitration conventions including the New York Convention of 1958.

The Commercial Arbitration Centre of the Portuguese Chamber of Commerce and Industry (CCIP), which was established in 1987, and has immense experience in the arbitrations of domestic and especially cross-border disputes involving Portuguese speaking countries.

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If you would like more information or have any questions regarding international arbitration in Portugal, please fill out the form below and we will be in touch as soon as is possible.

February 12, 2020

Duarte Henriques Appointed as VIAC’s International Advisory Board Member

Duarte G Henriques – Member of the International Advisory Board of the Vienna International Arbitral Centre

Duarte G Henriques, Victoria Associates’ founding member, has been appointed as member of the International Advisory Board of the Vienna International Arbitral Centre. The term will run from 2020 to 2022.

Check the composition of the International Advisory Board HERE !

Get in touch with us if you want to learn more about Victoria Associates – info@victoria.associates

January 2, 2020

We do what we like, and we like what we do

Watch our institutional video

To celebrate the New Year 2020, we released our institutional video.

Victoria Associates represents a new way of doing business. It is designed for the client.

We share the risk with the client.

We offer affordable solutions without compromising the quality of the services that are rendered.

Embark with us!

We do what we like, and we like what we do!

November 15, 2019November 16, 2019

The Seat of Arbitration

Seat of Arbitration

For those who aren’t familiar with international arbitration, the concept of the seat of arbitration is complicated and even unintuitive, yet it is indispensable.

The choice of the seat of arbitration can influence the arbitration proceedings in different ways. Some examples include:

The New York Convention – an arbitration award made in a contracting state of the New York Convention is enforceable in other contracting states. Currently, the Convention has 160 contracting states. Needless to say, it will be foolish to choose a seat which is not a contracting state of the Convention.

Parties are afforded a high degree of autonomy in international arbitration – they can choose the language, arbitrators, the procedural law, they can even limit the scope of appeal to an award. However, such autonomy is not absolute. It is bound by the mandatory law of the arbitral seat.

Courts of the seat of arbitration can aide or intervene in arbitration proceedings. It can assist in formation of the arbitration tribunal, forcing document production, restraining another party from commencing court proceedings in another jurisdiction.

Courts of the seat of arbitration is exclusively competent to set aside the award. Once an award has been annulled by the courts of the seat, its enforcement in other jurisdictions would become difficult. Some jurisdictions may not be willing to enforce awards which have been annulled and some may be differential to the findings of the courts of the seat.

It goes without saying that the evaluation of the choice of the seat in an arbitration clause should be taken vigorously. A jurisdiction with well drafted arbitration legislation is far from enough to guarantee its status as a preferred seat. The availability of legal expertise in the jurisdiction and of the court is equally important as the arbitration legislation.

Generally, the courts of more sophisticated seats are less inclined to intervene in arbitration proceedings. Currently, some of the most popular seats include Geneva, Hong Kong, London, New York, Paris and Singapore.

A note of caution – it is recommended the seat of arbitration should always be clearly specified in the arbitration clause. The major arbitration institutions such as the International Chamber of Commerce (ICC), the London International Court of Arbitration (LCIA) have sample arbitration clauses available on their websites. If a contract consists of more than one documents, special care should be taken to ensure that proper and consistent references of the arbitration clause (and also the governing law for the underlying contract) are made in each document. Inconsistent references of the seat of arbitration are invitation to unnecessary legal hiccup!