Intervenção de terceiros, litisconsórcio e coligação

• Autor(a) principal: Sernadas, Ana Alexandra Troncho
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/89839
• topic: Arbitragem; Intervenção de terceiros; Partes adicionais; Litisconsórcio; LAV; Arbitration; Third party intervention; Additional parties; Joinder; Direito

In light of the last decades international developments that brought up an increase in the number of international and intercontinental commercial transactions, it is visible the celebration of contractual relations involving multiple locations that, notwithstanding the possibility of being jointly directed to the same aim, are entered into between multiple and distinct parties, with different legal, economical and social backgrounds, thus contributing to a contractual scene ever more complex. Although it is true that all of these circumstances have a substantial contribute to a growth on the resource to arbitration, exactly due to the fact that it is, in abstract terms, a mechanism of dispute resolution suitable to provide an adequate answer to the specificities of the possible multiplicity of legal systems conflicting, in parallel with all of its recognised advantages, namely, the arbitrators’ specialisation and procedural promptness that come from resorting to arbitration; it is also true that the legal relations established between the parties, bearing in mind all of these factors, enhance, in abstract terms, a wider variety of problems, in particular, regarding legal standing in arbitral proceedings, that have to be covered in order not to be affected legal and consequently commercial matters, efficiency and effectiveness. In this scenario, it is becoming more important to analyse the possibility of making a third party intervene in pending proceedings, whose participation may contribute to a final award truly fair and effective, notwithstanding the fact that effectiveness is closely related with the existence of incomprehensible and contradictory decisions, on the same dispute. However, in arbitration, since it is based on the parties’ consent to subject their altercation to this dispute resolution mechanism, this intervention is not exempted of difficulties. The different approaches to this issue made by some legal systems and Institutional rules will be analysed on this paper. Nevertheless, the way by which the Portuguese LAV has dealt with third party intervention will be primarily addressed in close dialogue with the mechanisms foreseen in the Portuguese CPC.