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15.05.2020 Magda Fernandes

Coronavirus - Legal Implications: Court and arbitration proceedings

[This article is part of a guide by Morais Leitão dedicated to the legal implications of the - at the time - new coronavirus.]

A range of measures has also been approved for the Justice sector, in order to implement the various constraints that affect the normal and regular operation of the courts and various other bodies and entities of the Justice system. The measures presented herein are essentially the result of the combination of two pieces of legislation: Decree-Law 10-A/2020 and Law 1-A/2020.

These measures will continue until “the exceptional situation of prevention, containment, mitigation and treatment of the epidemic SARS-CoV-2 and the disease COVID-19 ceases”, on a date to be defined in the future by decree‑law.

It is possible that the impact of the measures currently in force will, in some way, be mitigated by a possible future readjustment, by the Portuguese lawmakers, of the periods of judicial holidays applicable throughout the year of 2020, but may nevertheless cause delays in the normal course of some proceedings.

Topics covered:

  • Non-urgent proceedings
  • Enforcement proceedings
  • Urgent proceedings - specific rules
  • Proceedures before the Portuguese Institute of Industrial Property, I.P.
  • Limitations and expiration periods
  • Protection of the home and protection of tenants
  • Justified impediment
  • Voluntary arbitration and arbitration in matters relating to industrial property rights related to medicines
  • Contingency plans adopted by arbitration institutions due to the pandemic
  • What future, after the termination of the above mentioned legal frameworks?
  • Continuation of situations of justified impediment
  • Requests for extension of time on the basis of the general arrangements - justified grounds?