In the fifth episode of the second season of the podcast No Que Tange, Joana Galvão Teles was welcomed by Guimarães Silva for an in-depth conversation about one of the most decisive and often least understood stages of arbitration: the enforcement and practical implementation of arbitral awards.
Throughout the interview, the Morais Leitão partner explains why arbitral awards in Portugal and Angola have exactly the same legal force as judicial decisions, detailing how enforcement proceedings unfold before state courts and which mechanisms ensure their effectiveness. She notes that, although most awards are complied with voluntarily, there are situations in which recourse to the courts is required to secure enforcement, using the same procedural tools applicable to court judgments.
Joana Galvão Teles also explores the legal grounds that may lead to the annulment of an arbitral award, which are strictly defined and essentially formal. These relate to the constitution of the tribunal, the validity of the arbitration agreement, respect for the right to be heard, the impartiality of the arbitrators and public policy. She emphasises that such grounds are non-waivable in jurisdictions such as Portugal and Angola, thereby safeguarding the parties and preserving the integrity of the arbitral process.
Beyond the technical dimension, she shares the international experience that arbitration has afforded her, the insights gained from complex disputes across multiple jurisdictions and the growing importance of collaboration between lawyers from different countries.
The discussion reinforces a central message: arbitration, when properly structured, is an efficient, secure and commercially aligned mechanism for resolving modern business disputes. Joana Galvão Teles concludes by recommending careful drafting of arbitration clauses, noting that just a few lines can define the entire path of a dispute, from the decision itself to its effective enforcement.
Listen to the full episode here.
