Relatório de estágio - Arbitrare

• Autor(a) principal: Santos, Hugo Silva
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/28317
• topic: Direito

The report in cause is related to the description and development of the activities during the internship made at ARBITRARE - the Arbitration center for the industrial property, domain names and corporate names. The first stage of the report consists in the description of the center services and its specificities, it will also be exalted the advantages of using this arbitration center. In the second stage of the internship, I will develop some theoretical aspects related to the areas of competence of ARBITRARE: industrial property, domain names and corporate name, It will also contain some practical aspects regarding the activities that we´re made during the internship, namely: the answers to the information requests asked by the ARBITRARE users. Finally, in the third stage of the internship I will write about a theoretical theme regarding the possibility of the silence could have the value of consent at the arbitration agreement in the Portuguese law. The reason why I’ve choose this theme is related with the problems that result from the lack of answer from the existing affected parties when they are solicited to participate at the procedure, in matter of fact, during the activity’s that I’ve developed during the internship, more specifically, the reading of the legislation regarding the disputes submitted to voluntary arbitration at ARBITRARE and also the research already done related with this issue by Dra. Joana Borralho Gouveia and Dra. Susana Condesso Diogo, I’ve noticed that even when the existing effected parties were notified to pronounce about the acceptance or not of the arbitration agreement, the existed affected parties choose to not say a word and the consequence of this behaviour is the archiving of the process according with article seven number tree of the legislation regarding the disputes submitted to voluntary arbitration at ARBITRARE. One proposal that could be the solution for this problem that is defended by some doctrine consists in a legislative amendment that would gave to silence the value of consent in the case of the existing affected parties choose to not say any word when they are confronted with the notification to participate at the arbitral procedure. My analysis will be related with the motives that explain why silence cannot have the value of declaration of negotiation according the law and if it is possible a legislative amendment in consideration of the mentioned purposes.