Acórdão nº 581/16.7YRLSB.-1 de Court of Appeal of Lisbon (Portugal), 18 de Julho de 2016
Magistrado Responsável | RIJO FERREIRA |
Data da Resolução | 18 de Julho de 2016 |
Emissor | Court of Appeal of Lisbon (Portugal) |
Decisão Texto Parcial:
Decisão Sumária nos Termos do Artigo 656º do Novo Código de Processo Civil.
O artº 14º da LAV regula o procedimento de recusa de árbitro determinando que este decorra conforme as partes livremente tiverem acordado (nº 1) ou, na falta desse acordo mediante invocação da recusa e seus fundamentos perante o próprio tribunal arbitral (nº 2). Para além desse procedimento ‘interno’ ao tribunal arbitral, a lei atribui a possibilidade (não derrogável por acordo das partes – nº 1) de requerer decisão sobre a recusa ao tribunal estadual (nº 3).
Este pedido de decisão do tribunal estadual não é um incidente do processo arbitral na medida em que o procedimento é externo ao tribunal arbitral e não tem qualquer influência directa no seu funcionamento (parte final do nº 3).
Nem, tão-pouco, é um recurso da decisão do tribunal arbitral sobre a recusa uma vez que não se trata de pedir uma reapreciação daquela decisão, com a necessária invocação dos vícios dessa decisão, mas antes de um pedido de decisão directa e autónoma sobre os fundamentos da recusa.
O pedido de decisão sobre a recusa é, assim, uma acção autónoma deduzida perante o tribunal estadual e, consequentemente, está sujeito ao pagamento de taxa de justiça conforme a tabela 1-A anexa ao Regulamento das Custas Processuais conforme o artº 6º desse mesmo regulamento.
Verificando-se que a taxa de justiça paga pelas partes foi calculada como se de incidente se tratasse, impõem-se a correcção do cálculo das quantias devidas e o pagamento...
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