A.01 - Litigation & Arbitration
Resolution of civil, commercial and arbitral disputes
Dispute resolution can take many forms, and choosing the appropriate route depends on the nature of the conflict, the parties’ interest in preserving (or not) the relationship, the time available, reputational exposure, and the likely means of enforcement. Court litigation, commercial arbitration, and alternative dispute resolution mechanisms are distinct instruments, each with its own advantages.
A.01
Estoril · Portugal
01 — Ongoing support
With professionalism and dedication
Piauhylino & Associados represents clients in civil and commercial disputes before Portuguese and Brazilian courts, in institutional and ad hoc arbitrations, and in debt recovery and enforcement proceedings. Litigation is a longstanding area of the firm’s practice, with particular focus on corporate, contractual, and asset-related disputes.
Our work is premised on a prior strategic assessment. Before filing a court action or initiating arbitration, we assess with the client the merits of the claim, the costs of the proceedings, the expected timelines, and settlement scenarios. Where the dispute is international, coordination between lawyers in different jurisdictions and the enforcement strategy in each country become essential elements.
01
Civil and commercial litigation
Representation in declaratory, enforcement and interim relief proceedings before Portuguese and Brazilian courts.
02
Domestic and international arbitration
Advice in institutional arbitrations (ICC, CAC, CAM-CCBC, among others) and ad hoc arbitrations.
03
Debt recovery
Initiation and management of collection, enforcement and insolvency proceedings.
04
Corporate disputes
Disputes between shareholders, dissolution, exclusion of a shareholder, directors’ liability, and challenges to corporate resolutions.
05
Alternative dispute resolution
Mediation, conciliation and assisted negotiation.
Mission
To protect, with rigor and discretion, the interests of individuals and companies operating between Portugal and Brazil.
Vision
To be the reference in Portuguese-Brazilian transatlantic legal practice, recognized for technical excellence.
Values
Ethics, discretion, swiftness, and individual approach to each case. Without compromise.
02 — Why choose us
A practice
without borders.
01
Effective presence in both judicial systems
Capacity for direct representation before Portuguese and Brazilian courts, by virtue of the partners’ full registration with their respective Bar Associations.
02
Arbitration without geographical borders
Experience in international institutional arbitrations seated in Portugal, Brazil and third jurisdictions.
03
We litigate with strategy, not just arguments
A strategic view of disputes, with prior analysis of merits, cost, timeframe and settlement scenarios.
03 — FAQs
Frequently
asked questions
The most common issues in litigation & arbitration matters. Each situation is individual — eligibility must always be assessed on a case-by-case basis.
In what situations does it make sense to resort to arbitration instead of the courts?
Arbitration tends to be preferred when the parties seek greater confidentiality, a decision-maker with specialised expertise in the subject matter of the dispute, or tailored procedural rules. In international disputes, arbitration also offers greater predictability in the enforcement of decisions, thanks to the New York Convention. The decision should result from a specific analysis of the case and the contract.
Is it possible to enforce in Portugal a court decision issued in Brazil?
Yes, through the procedure for recognition of a foreign judgment. The applicable rules depend on the nature of the decision and the applicable regime (EU regulation, bilateral convention, or the general regime). The foreign decision must meet the legal requirements in order to produce effects in Portugal.
What is the average timeframe to conclude a civil action at first instance?
The timeframe depends on the complexity of the case, the evidence required, the number of parties, and the procedure adopted by the court. Average timeframes vary significantly between Portugal and Brazil, and even between judicial districts within each country. Any estimate must be made on a case-by-case basis.
05 — Contact
How can we
help you?
Do you have an ongoing or anticipated dispute? Contact us.
- Communications are protected by professional secrecy.