The Portugal chapter of the GAR Know-How: Litigation guide provides a structured overview of the country’s civil litigation framework, covering court organisation, procedural principles and jurisdictional rules.
Our team explains that civil disputes are primarily handled by ordinary courts, organised in three tiers (first instance, courts of appeal and Supreme Court), with specialised courts depending on the subject matter. Judges are career professionals and courts are independent, with higher court decisions guiding consistency even without a strict system of precedent.
Filipa, Rita, Gonçalo and Henrique highlight the key procedural principles governing litigation in Portugal, notably party autonomy (the parties control the proceedings), balanced by cooperation, efficiency and a limited inquisitorial role of the judge. Core guarantees such as the adversarial principle and equality of arms are central to ensuring fair proceedings.
On the legal profession, the team outlines Portugal’s unified bar system, where lawyers may act before all courts, subject to qualification through training, examination and registration with the Bar Association.
The chapter further addresses the broader litigation landscape, noting that Portugal is moderately litigious, with a general preference for settlement and alternative dispute resolution, although recent reforms have improved efficiency and reduced case backlogs.
From an international perspective, it details the rules on jurisdiction, largely shaped by EU instruments such as the Brussels I Regulation, complemented by international conventions and domestic law. Jurisdiction typically depends on factors like the defendant’s domicile, place of performance or location of the harmful event, with some room for party agreement.
Finally, the guide, developed by our team, considers cross-border disputes and arbitration, explaining that Portuguese courts generally respect arbitration agreements and may decline jurisdiction in their presence, while still retaining powers to grant interim measures when necessary
11 June, 2026
