ABSTRACT: this article addresses the admissibility of cross-claims (meaning the claims filed against co- -respondents) in a given arbitration, which is one of the several procedural issues which often arise in the context of complex arbitrations – a constantly growing reality in international arbitration in the last two decades. Although national legislations on arbitration are (yet?) generally silent on the admissibility and framework of cross-claims, several arbitration institutions expressly adress the topic in the most recent version of their rules, showing its growing theoretical and practical relevance. The goal of this text is thus to undertake a brief tour on the several insights and criteria which can support the decision on the admissibility of cross-claims, on the basis of the Portuguese legal system.
Revista Brasileira de Arbitragem