Article
Arbitration Clauses Are Easy To Sign, But What Happens When You Cannot Afford The Costs?
When a party to an arbitration agreement faces severe financial difficulties years after signing, should they still be bound by that clause? Portuguese courts have grappled with this tension between contractual autonomy and constitutional guarantees of access to justice, recognizing that supervening impecuniosity may, in exceptional circumstances, render arbitration agreements unenforceable.
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