Acórdão nº 076393 de Supremo Tribunal de Justiça (Portugal), 31 de Janeiro de 1991 (caso NULL)
Magistrado Responsável | ALBUQUERQUE DE SOUSA |
Data da Resolução | 31 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR CONTRAT. DIR JUDIC - ORG COMP TRIB. DIR PROC CIV.
Legislação Nacional: CPC67 ART99 ART100 ART494 N1 H. L 31/86 DE 1986/08/29 ART1 N2 ART2 N1 N2 N3 ART3 ART39. DL 243/84 DE 1984/07/17 ART1. CCIV66 ART236 ART398 N2.
Jurisprudência Nacional: AC TC 230/86 IN DR N210 IS DE 1986/09/12. AC STJ DE 1981/07/23 IN BMJ N309 PAG303.
Sumário : I - A convenção de arbitragem, em função do caracter actual ou eventual do litigio para cuja solução e celebrada, apresenta-se na dupla modalidade de compromisso arbitral ou de clausula compromissoria. II - O tribunal arbitral e preterido quando não e respeitada a convenção arbitral que permitia constitui-lo, não gozando o tribunal estadual de qualquer poder discricionario na apreciação da excepção de arbitragem. Verificados os respectivos pressupostos, deve julgar procedente a excepção dilatoria referida na alinea h) do n. 1 do artigo 494 do Codigo de Processo Civil e absolver da instancia. III - Existindo no contrato de transporte uma clausula que revela a vontade das partes de cometer a decisão de arbitros a solução de eventuais litigios entre elas e verificando-se essa manifestação concordante de vontades de ambas as partes, existe realmente uma convenção de arbitragem que, neste caso, dado ter por objecto litigios eventuais, reveste a modalidade de clausula compromissoria (artigo 1513 n. 1 do Codigo de Processo Civil). IV - Permitindo...
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