Acórdão nº 39/16.4YRLSB-1 de Court of Appeal of Lisbon (Portugal), 11 de Abril de 2017
Magistrado Responsável | RIJO FERREIRA |
Data da Resolução | 11 de Abril de 2017 |
Emissor | Court of Appeal of Lisbon (Portugal) |
Decisão Texto Parcial:
–DECISÃO.
… – As comunicações com o tribunal arbitral (nomeadamente as previstas no nº 2 do art.º 60º da LAV) devem ser efectuadas por ofício dirigido ao presidente do tribunal para o local onde o mesmo se encontra instalado; – A notificação às partes prevista no nº 2 do art.º 60º da LAV, não sendo nenhuma das previstas no art.º 250º do CPC, se efectua através de carta registada, nos termos do art.º 249º do CPC.
A falta de recepção do aviso de recepção da carta de notificação enviada à Requerida encontra-se sanada pelo facto de a Requerida ter vindo juntar procuração, assim evidenciando ter já tido conhecimento da pendência do processo.
-*- Correspondendo o valor da acção à utilidade económica do pedido (art.º 296º do CPC) e consistindo este numa redução dos honorários até 1/8, fixo à causa, nos termos do artº 306º do CPC, o valor de 56.000 euros.
-*- Os procedimentos referidos nas diversas alíneas do nº 1 do art.º 59º da LAV não constituem incidentes do processo arbitral na medida em que o procedimento é externo ao tribunal arbitral e não tem qualquer influência directa no seu funcionamento.
Nem, tão-pouco, são um recurso da decisão do tribunal arbitral (nos casos em que há uma decisão) uma vez que não se trata de pedir uma reapreciação daquela decisão, com a necessária invocação dos vícios da mesma, mas antes de um pedido de apreciação pelo tribunal estadual, em...
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