Understanding arbitration

Understand the mechanism, its possibilities and its limits.

1. What is arbitration?
2. How does arbitration differ from court proceedings?
3. How do arbitration, mediation and conciliation differ?
4. Is the parties’ agreement required for arbitration?
5. Can every dispute be resolved by arbitration?
6. Is arbitration always faster?
7. Is arbitration always cheaper?
8. Is arbitration always confidential?
9. Is an arbitral award binding and enforceable?
10. How can arbitration’s suitability for a contract be assessed?

Reference sources

• Law 11/99 of 8 July — Arbitration, Conciliation and Mediation (Portuguese)
• UNCITRAL — Model Law on International Commercial Mediation (2018)
• UNCITRAL — Notes on Organizing Arbitral Proceedings (2016 and additional 2023 note)
• CACM — Costs Rules (Portuguese)
• UNCITRAL — Rules on Transparency in Investor–State Arbitration

Distinguish classifications that can coexist in the same proceeding.

1. What types of arbitration exist?
2. What is commercial arbitration?
3. What distinguishes domestic from international arbitration?
4. Are international arbitration and a foreign award the same thing?
5. What is investment arbitration?
6. How do ad hoc and institutional arbitration differ?
7. How do arbitration in law and arbitration in equity differ?
8. How do voluntary and mandatory arbitration differ?

Reference sources

• Law 11/99 of 8 July — Arbitration, Conciliation and Mediation (Portuguese)
• Portal — Mozambican legislation and special regimes
• UNCITRAL — 1985 Model Law, with 2006 amendments
• 1958 New York Convention
• Washington Convention — Article 25
• ICSID — Report of the Executive Directors on the Convention
• UNCITRAL — Arbitration Rules
• CACM — applicable legislation and rules
• UNCITRAL — Frequently asked questions on arbitration

Understand the agreement that provides for arbitration.

1. What is an arbitration agreement?
2. How do an arbitration clause and a submission agreement differ?
3. What form and validity requirements apply to the agreement?
4. What should an arbitration clause contain?
5. Does invalidity of the contract invalidate its arbitration clause?
6. What happens if a party refuses arbitration already agreed?
7. How is the scope of disputes covered by the agreement determined?
8. Who is bound by the agreement and what issues arise concerning third parties?

Reference sources

• Law 11/99 of 8 July — Arbitration, Conciliation and Mediation (Portuguese)
• 1958 New York Convention
• UNCITRAL — 1985 Model Law, with 2006 amendments
• UNCITRAL — 2006 Recommendation on the form of arbitration agreements
• UNCITRAL — Arbitration Rules
• CACM — applicable legislation and rules

Identify party capacity and the legal limits of arbitration.

1. What is arbitrability and what are its dimensions?
2. Who may enter into an arbitration agreement?
3. Can the State and other public bodies use arbitration?
4. How does arbitration involving administrative matters fit into the legal framework?
5. What special features arise in labour arbitration?
6. What special features arise in mining, petroleum and energy disputes?

Reference sources

• Law 11/99 of 8 July — Arbitration, Conciliation and Mediation (Portuguese)
• 1958 New York Convention
• Law 7/2014 — Administrative arbitration (Portuguese)
• Organic Law of Administrative Jurisdiction — republished by Law 7/2015 (Portuguese)
• Law 13/2023 — Labour Law (Portuguese)
• Portal — COMAL and CEMAL regulations
• Law 7/2026 — Mining Law (Portuguese)
• Law 8/2026 — Petroleum Law (Portuguese)
• Law 12/2022 — Electricity Law (Portuguese)
• Law 16/2024 — Electricity Law amendment (Portuguese)
• Washington Convention — Article 25

Understand who decides and the safeguards of independence.

1. Who may act as an arbitrator and what qualifications matter?
2. How are arbitrators selected?
3. How should parties choose between a sole arbitrator and a three-member tribunal?
4. Does a party-appointed arbitrator represent that party?
5. What are independence, impartiality and the duty of disclosure?
6. How may an arbitrator be challenged or replaced?
7. Who decides the arbitral tribunal’s jurisdiction?

Reference sources

• Law 11/99 of 8 July — Arbitration, Conciliation and Mediation (Portuguese)
• UNCITRAL — 1985 Model Law, with 2006 amendments
• CACM — applicable legislation and rules
• IBA — Guidelines on Conflicts of Interest in International Arbitration (2024)

Follow the choices and stages of arbitral proceedings.

1. How is arbitration commenced?
2. What is the seat of arbitration and how does it differ from the hearing venue?
3. How is the language of proceedings determined?
4. How do procedural law and the law governing the dispute differ?
5. How are submissions and evidence organised?
6. How do hearings, including virtual hearings, work?
7. Can interim measures be ordered, and who decides them?
8. What role do national courts play during arbitration?

Reference sources

• Law 11/99 of 8 July — Arbitration, Conciliation and Mediation (Portuguese)
• UNCITRAL — Arbitration Rules
• UNCITRAL — 1985 Model Law, with 2006 amendments
• IBA — Rules on the Taking of Evidence in International Arbitration (2020)
• UNCITRAL — Notes on Organizing Arbitral Proceedings (2016 and additional 2023 note)

Understand the decision, review mechanisms and compliance.

1. What is an arbitral award and what must it contain?
2. Can there be partial awards or awards on agreed terms?
3. How are errors corrected or an award clarified?
4. Can an arbitral award be appealed?
5. How do setting aside, recognition and enforcement differ?
6. How is an arbitral award enforced in Mozambique?
7. How is a foreign award recognised and enforced?
8. What special features apply to awards under the ICSID Convention?

Reference sources

• Law 11/99 of 8 July — Arbitration, Conciliation and Mediation (Portuguese)
• UNCITRAL — 1985 Model Law, with 2006 amendments
• UNCITRAL — Arbitration Rules
• Dimétrio Manjate — Challenging arbitral awards (2023)
• 1958 New York Convention
• UNCITRAL — New York Convention status and reservations
• ICSID Convention — awards and remedies
• ICSID — Contracting State: Mozambique

Distinguish conventions, model laws, rules and guidance.

1. What does the New York Convention regulate?
2. What does the Washington Convention regulate?
3. What requirements must be met to use ICSID?
4. What is the UNCITRAL Model Law and how does it relate to national law?
5. What is the difference between the UNCITRAL Model Law and Arbitration Rules?
6. What is soft law and why does it matter in arbitration?
7. What role do the IBA Evidence Rules and Guidelines play?
8. How do transparency and confidentiality interact in investment arbitration?

Reference sources

• 1958 New York Convention
• UNCITRAL — New York Convention status and reservations
• Washington Convention — ICSID
• ICSID — Contracting State: Mozambique
• Washington Convention — Article 25
• ICSID — Report of the Executive Directors on the Convention
• UNCITRAL — 1985 Model Law, with 2006 amendments
• Law 11/99 of 8 July — Arbitration, Conciliation and Mediation (Portuguese)
• UNCITRAL — Arbitration Rules
• UNCITRAL — Frequently asked questions on arbitration
• UNCITRAL — Notes on Organizing Arbitral Proceedings (2016 and additional 2023 note)
• IBA — Evidence Rules (2020) and Conflicts of Interest Guidelines (2024)
• Law 12/2022 — Electricity Law (Portuguese)
• IBA — Rules on the Taking of Evidence in International Arbitration (2020)
• IBA — Guidelines on Conflicts of Interest in International Arbitration (2024)
• UNCITRAL — Rules on Transparency in Investor–State Arbitration
• UNCITRAL — Mauritius Convention on Transparency