Nuno Albuquerque participates in conference in tribute to Doctor France Van-Dunem
13 December 2019
On 13th and 14th November 2019, the Scientific Conference in tribute to Doctor France Van-Dunem was held in Luanda’s Palace of Justice. At this event, organized by the Law School of the Catholic University of Angola, Nuno Albuquerque, from Nadvogados, a member of the AfAA, participated as a speaker, addressing the topic “Alternative Dispute Resolution in Administrative Law: Administrative and Sports Arbitration”.
In his presentation, Nuno Albuquerque discussed submission to arbitration and the Arbitration Convention; the concept of the arbitration agreement as a contractual agreement, and described the types of arbitration agreements. He also explained how consent is presented as the cornerstone of the arbitration agreement.
Nuno Albuquerque also discussed how submission to voluntary arbitration may be operated in addition to an arbitration agreement, by a statutory clause of a federation or other sports organization. Furthermore, he explored how the constitution of the arbitral tribunal is not limited by the conclusion of an arbitration agreement.
Also addressed, was the question of how acceptance of arbitration clauses by major sports organizations was a mandatory condition for participation in events under their auspices, and how this may undermine equality and freedom of contract.
Briefly, Nuno Albuquerque described requirements for the formal validity of the arbitration agreement (i.e. the written requirement, signature by the parties through various mechanisms, through an exchange of documents, and the possibility of being stored in anyway).
Separability of the agreement and the positive and negative effects of the arbitration agreement were also briefly addressed.