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By Álvaro López De Argumedo
I) Introduction. II) Nature of the multi-step dispute resolution clause. III) Requirements for exercising the negotiation clause: subjective requirements, requirements as to form, time limits for the request, requirements as to content, requirements to prove compliance with the obligation to negotiate.
By Tito Fontes, Nuno Casanova
The Portuguese Arbitration Act (Lei de Arbitragem Voluntária), similar to many others, does not address the issue of multiparty disputes. Moreover, the act is clearly designed to accommodate disputes between only two parties – a claimant and a defendant.