Litigios y arbitraje – Portugal

Litigation and Arbitration - Portugal

Aiming to provide its clients with comprehensive support across various areas of law, the Litigation Department operates autonomously while maintaining constant interaction with the firm’s other departments, ensuring a close connection between substantive and procedural law.

Legal representation is therefore complemented by the involvement of lawyers from other practice areas, forming multidisciplinary teams depending on the subject matter underlying the judicial proceedings being handled and the specific needs of the Client.

For instance, the Commercial Law Department supports the Litigation Department on substantive law issues that may influence a case, particularly when commercial matters arise (such as the annulment of corporate resolutions, real estate matters related to obligations and contracts, among others). In turn, the Litigation Department keeps the Commercial Law Department informed about the latest jurisprudential developments, based on its own experience, so that these can be taken into consideration when drafting contracts.

In matters of major relevance or technical complexity, and even when several departments have collaborated in resolving a specific issue, a final review is carried out to ensure consistency in approach and coherence in the proposed solutions.

Specialties

Civil and Comercial Proceedings
Arbitration and Mediation
Administrative Offences and Criminal Proceedings
Administrative Litigation Proceedings
Condominiums

Preparatory proceedings and precautionary measures: We analyze and implement urgent and preventive measures, including the preparation of initial proceedings and the adoption of precautionary measures, to ensure the protection of our clients’ rights in situations where there is an imminent risk of irreparable harm or harm that is difficult to repair.
Filing of lawsuits of various natures, including:
- Credit recovery;
- Liability of liquidators and directors, particularly in cases of harmful management or breach of legal duties;
- Annulment of corporate resolutions that are contrary to the law or the interests of the company or its shareholders;
- Breach and termination of contracts, addressing situations in which parties fail to comply with their contractual obligations;
- Real estate law issues, including disputes relating to leases, horizontal property (condominium ownership), acquisitive prescription, and other rights over real estate;
- General terms and conditions of contracts, including the analysis of abusive clauses or resolution of disputes arising from standard-form contracts;
- Unfair competition, defending our clients’ rights against unlawful commercial practices;
- Construction contracts, agency and distribution agreements, and client compensation claims;
- Appeals: We advise and represent clients in various stages of proceedings, including appeals to higher courts, interlocutory appeals, and motions for review;
- Enforcement of judicial and extrajudicial instruments;
- Recognition and enforcement of foreign judgments.

Legal advice and representation in arbitration and mediation proceedings, both domestic and international, to enable the prompt and effective alternative resolution of disputes, avoiding recourse to the judicial courts.

The litigation department also provides legal assistance in criminal and administrative offence proceedings, ensuring defen

ce and prosecution in criminal cases of various kinds (including cybercrime, fraud-related offences, corruption and related infractions, swindling, tax crimes, property crimes, among others), as well as in administrative offence proceedings brought by regulatory authorities across different sectors and cross-sector bodies such as the CMVM, ASAE, Competition Authority, among others.

We provide legal advice and representation in administrative litigation proceedings, particularly in challenging administrative acts outside the tax sphere, both before administrative authorities and administrative courts.

We also bring civil liability claims against public entities to seek compensation for damages caused by unlawful or improper acts of Public Administration.

Our team offers specialized legal advice on all matters related to the establishment, modification, and management of horizontal property (condominium ownership), including residential buildings, real estate developments, and shopping centers.

We assist our clients in drafting condominium regulations, amending the title deed of horizontal property, defining, and limiting the rights of co-owners, and apportioning expenses related to common areas, such as maintenance costs, repair works, and shared services.

With extensive experience in resolving disputes in this area, we prepare rigorous legal opinions on the most complex and contentious matters and provide legal assistance during Condominium General Meetings, offering technical support and legal representation whenever necessary.

We also defend the interests of the condominium and co-owners in judicial and arbitral proceedings, ensuring effective action whenever out-of-court dispute resolution is not feasible.