Acórdão nº 086342 de Supremo Tribunal de Justiça (Portugal), 11 de Maio de 1995 (caso NULL)
Magistrado Responsável | JOAQUIM DE MATOS |
Data da Resolução | 11 de Maio de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS ANOT VOLV PAG139. R BASTOS NOTAS 1972 VOLIII PAG246. A VARELA MANUAL 1984 PAG669.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: L 31/86 DE 1986/08/29 ART20 N3 ART21 N3 ART22 ART23 N1 F N2 N3 ART27 N1 D ART29 N2. CPC67 ART666 N1 ART668 N1 B ART722 N2 ART729.
Jurisprudência Nacional: AC STJ DE 1991/05/19 IN BMJ N407 PAG474 IN RLJ ANO124 PAG156. AC STJ DE 1987/02/25 IN BMJ N364 PAG866. AC STJ DE 1987/10/11 IN BMJ N371 PAG374.
Sumário : I - A incompetência do tribunal arbitral, além de ser uma questão nova, quando só levantada nas alegações, é também extemporânea, se, segundo se dispõe no artigo 21, n. 3, da Lei 31/86, de 29 de Agosto, não é arguida até à apresentação da defesa quanto ao fundo da causa, juntamente com esta. II - Das transcrições do compromisso arbitral, dado que foi autorizado o julgamento segundo a equidade, procurando-se a justiça do caso concreto e não a geral e abstracta, o tribunal arbitral não excedeu os poderes do seu conhecimento, tendo feito uma "leitura" conducente à que os árbitros lhe deram, não havendo excesso de pronúncia. III - Para que se verifique a nulidade por falta de...
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