Resumen de A competência da competência e a autonomia do Tribunal arbitral na Lei de arbitragem portuguesa
As the principle of competence-competence is recognized by almost all national legislations on arbitration, but the contents given thereto are not coincident, one should determine the scope with which this principle was adopted in the new Portuguese Arbitration Act (PAA).
On the other hand, a distinction is drawn between competence-competence and the separability (or autonomy) of the arbitration clause vis-à-vis the contract of which it forms part.
After this concepts having been defined, one analyses the manner how the PAA has regulated the control by state courts of the decisions rendered by arbitrators on their competence to settle the disputes submitted to them. Additionally, as the PAA has set out the principle of autonomy of the arbitral Tribunal, according to which state courts can only intervene in arbitration matters in the cases contemplated by law, one examines its main implications.
