Litigation and Dispute Resolution in Portugal

All commercial organisations experience disputes from time to time. Businesses need to resolve all contractual disputes quickly. Cross-border disputes can be particularly challenging, particularly now that the reciprocal arrangements across jurisdictions extended by the EU Member States no longer applies to the UK.

Cross-border disputes can frequently spiral into a costly long-term issue which drains both the business’s financial resources and the ability to focus on the business in hand. Giambrone & Partners’ litigation and dispute resolution team work together bringing extensive legal expertise across a range of jurisdictions. Giambrone’s vast global experience and specialist expertise enables us to draw together a multi-disciplinary legal team, often at short notice, capable of dealing with international disputes throughout Europe, North and South America, the Middle East and Africa. Our lawyers have a high success rate and our clients receive the very best advice, tailored to their unique circumstances. 

Our litigation and dispute resolution lawyers always attempt alternative dispute resolution (ADR) in an attempt to resolve a dispute and avoid taking the matter to court. If mediation or arbitration prove to be unsuccessful our lawyers will provide intelligent pragmatic commercial advice and deliver robust arguments and challenges to achieve a successful outcome for our clients.

In Portugal, arbitration, Justices of Peace and mediation allow disputes to be resolved without going through the traditional courts. These alternative dispute resolution methods are quick, inexpensive ways of resolving small disputes.

Arbitration 

Arbitration centres provide information, mediation, and conciliation to people in conflict. When the people involved in the conflict cannot reach an agreement, arbitration takes place. Arbitration is carried out by an arbitration tribunal, organised by the arbitration centre. You can resort to arbitration to resolve conflicts that have already happened (by signing an arbitration agreement) OR to avoid conflicts which may arise in the future (by including an arbitration clause in a contract).

Justices of Peace 

Justices of Peace are lower courts that can hear claims relating to a range of matters up to a value of €15,000. Justices of Peace aim to resolve conflicts in a less bureaucratic manner enabling a resolution to be achieved without recourse to traditional courts. Matters that can be heard relate to:

•  Landlord and tenant rights
• Contracts
• A wide range of disputes relating to property

Certain civil matters can also be dealt with such as defamation, slander and simple theft. Justices of the Peace cannot hear cases relating to family law, inheritance and employment. 

Mediation 

Mediation helps people in conflict to communicate and find a solution to the situation instead of taking the case to court. Mediation only takes place if the parties involved in the conflict choose to do so.

Litigation

The expert lawyers in Giambrone & Partners litigation and dispute resolution team will only resort to a traditional court when all other avenues to resolve a legal conflict have been exhausted or on the express instruction of our client. Giambrone & Partners litigation and dispute resolution lawyers will provide pragmatic legal advice and robustly contend our clients' claim before the court. Our tenacious litigation lawyers will make every effort to bring the matter to a successful conclusion.

For more information on resolving contentious commercial and private client disputes please click here.