Litigation and Arbitration Law - Portugal

Belzuz has set up a litigation department to ensure permanent contact with the other departments enabling the firm to maximize the overlap between substantive and procedural law.

Thus, for example, the commercial department acts as base support for the litigation department in matters of substantive law affecting those processes where trade issues arise (corporate challenges, real estate contracts and related obligations, etc) and the litigation department advises the department of innovations of commercial to domestic jurisprudence as derived from his own experience, and this is taken into account in the drafting of contracts.

Finally, in all matters of significance or technical complexity, different departments collaborate and there is a final review to provide uniform standards and consistency in approach and solutions.


 Within this department the following services can be found:

Civil and Commercial procedures
  • Due Diligence and injunctions.
  • Verbal and ordinary judgements in all matters and issues (claims for payment, liability of liquidators and administrators of corporate challenge, default and termination of contracts, real estate legal issues, leasing and condominiums, general contractual conditions, unfair competition, etc)
  • Review, annulment, appeal, violation, upper court appeal.
  • Execution of judicial and extrajudicial orders, both provisional and / or definitive.
  • Implementation and recognition of foreign judgments.

 

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Insolvency

We act on behalf of both creditors and defaulters, from the request for declaration of bankruptcy to the finalization of agreement in all areas and resources, including credit recognition, classification and grading.

 

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Arbitration

We initiate legal proceedings including where appropriate formalization and legal assistance in taking evidence, monitoring entire procedure, either by equity or arbitration law and to any court (ad hoc or institutional). Resources and enforcement of eventual awards.

 

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Criminal proceedings

For corporate and economic crimes in all their dealings, reports, complaints, defense and plaintiffs in all types of processes and instances.

 

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Contentious-administrative proceedings

Injunctions against administrative (excluding fiscal) authorities in administrative proceedings and administrative litigation, and the requirement of liability of public authorities.

 

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Appeals to the Constitutional Court
Condominius

Belzuz Abogados Portugal advises and assists its clients in the constitution processes of horizontal property and condominiums administration’s, including building complexes and shopping centres.

Our professional team have consolidated their knowledge and experience in the preparation of legal opinions and information dealing with the most discordant issues in this area, highlighting changes in horizontal property, content of the condominium regulations, limitations on the exercise of condominium rights, expenses with common parts (conservation costs, common facilities and works) and their respective allocations.

Also ensures attendance at Condominium Meetings and monitoring and representation of the Condominium and condominium members in judicial and arbitration proceedings whenever it is not possible to obtain the resolution of the dispute by consensus.

 

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Company Restructuring

The current pandemic situation has generated serious economic financial constraints and companies face serious liquidity constraints that could lead to their decline, which is why preventive intervention manner is essential to prevent a situation of irreparable breakdown and/or bankruptcy.

Hence, in times of difficulty, restructuring appears as an essential way of achieving the necessary financial equilibrium that will enable activity to be maintained.

Belzuz Abogados SLP understands that company's restructuring plans, based on the principles of dialogue and negotiation with creditors and debtors, are efficient weapons for obtaining solutions that allow the recovery of financial health and, at the same time, the division of responsibility in the recovery project among the various agents involved, which is why special attention has been given to the Processos Especiais de Revitalização (PER) and Acordos de Pagamentos (PEAP).

Restructuring projects are designed individually for their clients, bearing in mind their specific needs, and include all aspects of the company's activity or that of the individual in difficulty, namely those of a corporate, labour, tax, procedural and financial nature.

In this type of procedures, Belzuz Abogados SLP acts on behalf of debtors and creditors, in the various stages of the process (judicial and extrajudicial), giving priority to the use of negotiation and alternative dispute resolution, namely through tax optimization and corporate change processes.

Thus, in this area, it has devoted special attention to the following services:

a) Corporate restructuring

b) Negotiations with a view to debt financing

c) Preparation and monitoring of company recovery processes (PER)

d) Preparation and monitoring of special processes for payment agreements (PEAP)

e) preparation and monitoring of insolvency proceedings, on the recovery and/or liquidation side of the company

On the other hand, benefiting from the expertise of partners with whom it collaborates, it also provides advice on the following solutions:

a) Forward-looking treasury plan

b) Business plan (restructuring)

c) Debt advice

The team of lawyers at Belzuz Abogados SLP has been following the effects of the recent financial crisis created by the pandemic outbreak of Covid-19 and is aware that the exceptional situation requires greater flexibility in obtaining negotiated solutions and the urgency in obtaining those results.

 

More information about the Litigation and Arbitration Law Department | Lisbon and Oporto (Portugal)

 

Madrid

Belzuz Abogados - Madrid office

Nuñez de Balboa 115 bis 1

  28006 Madrid

+34 91 562 50 76

+34 91 562 45 40

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Lisbon

Belzuz Abogados - Lisbon office

Av. Duque d´Ávila, 141 – 1º Dtº

  1050-081 Lisbon

+351 21 324 05 30

+351 21 347 84 52

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Oporto

Belzuz Abogados - Oporto office

Rua Julio Dinis 204, Off 314

  4050-318 Oporto

+351 22 938 94 52

+351 22 938 94 54

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+351 968559667

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