Knowledge

André Navarro de Noronha, partner and head of the Litigation and Arbitration practice at TELLES, was quoted in Jornal de Negócios regarding the government's proposal to establish a Specialised Arbitration Court to swiftly resolve disputes between individuals or companies and the public administration. This measure is included in the State Reform Programme and promises to deliver binding decisions within six months.

The TELLES’ lawyer recognises the value of alternative forms of dispute resolution (ADR), but argues that they must be integrated into the justice system in a structural way, saying that “the commitment to ADR (Alternative Dispute Resolution) is positive, but it must be structural and not as a means of immediately dealing with situations in which the justice system is collapsing”. “It is clear that this measure is intended as an immediate response to the bankruptcy of the administrative courts, but the alternatives must be complementary and not mere substitutes”, he says.

He also believes that "it is not credible that a new system, which currently has no legal framework, will be created and operationalised within a timeframe that allows this legislature to make a decision within six months". 

“Arbitration is not a private solution for public problems”, he emphasised, adding that it is instead “an alternative means that should be promoted when the circumstances of the case suggest it. Not all disputes benefit from arbitration”.

The TELLES' lawyer also commented on other initiatives in the government's programme, particularly those relating to criminal law, emphasising the need for structured reforms with a solid technical and legal basis.

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