Duarte Henriques

Duarte Henriques Portugal

Sole Arbitrator Member of the arbitral tribunal
Portugal Portuguese (Portugal) Resident in Portugal Portuguese — Fluent English — Fluent Spanish — Fluent

Surname
Henriques
First name
Duarte
Current professional position
Founding Partner
Organisation / firm
Victoria Associates
Country of residence
Portugal
Nationality
Portuguese (Portugal)
Languages spoken & proficiency
PortugueseFluent EnglishFluent SpanishFluent

Arbitrator roles
Sole Arbitrator Member of the arbitral tribunal
Professional biography
Duarte G. Henriques is a lawyer and arbitrator based in Lisbon, Portugal, and a founding member of Victoria Associates, an international boutique law office dedicated to international dispute resolution, with members based in Paris, New York, Washington, Boston, Los Angeles, Lisbon, Athens, Frankfurt and Seville. He was admitted to the Portuguese Bar Association in 1990 (professional licence nr. 8830L) and has practised without interruption or suspension and with no disciplinary or ethical sanctions. Over more than three decades he has acted as counsel, sole arbitrator, co-arbitrator and chair in litigation and arbitration proceedings involving intellectual property, technology and software, banking and finance, corporate and M&A, commercial and distribution, construction, insurance, tax and investment-treaty disputes. Amounts in dispute have ranged from € 10,000 to € 2.1 billion, in institutional and ad hoc proceedings seated in Europe, Asia and the Americas. Intellectual property and technology matters are a core part of his practice. He has sat as sole arbitrator or co-arbitrator in disputes concerning patents and patent applications (including proceedings against the national patent office), industrial property rights relating to reference and generic medicines, software development, licensing and distribution agreements, intellectual property infringement, internet domain names, film and television royalties, and crypto-asset technology. He advises bio-pharmaceutical companies, technology and software solution providers, banking and finance institutions, insurers and energy companies, and has particular experience in third-party funding of disputes. He is listed as arbitrator with, among others, the Patent Mediation and Arbitration Centre of the Unified Patent Court, the HKIAC Panel of Arbitrators for Intellectual Property Disputes, WIPO, ARBITRARE (trademarks, patents, domain names and generic medicines, Lisbon), the Silicon Valley Arbitration and Mediation Centre (Tech List), CPR, the ICDR/AAA, CIETAC, SIAC (reserve panel), KCAB, AIAC, the Shenzhen and Shanghai commissions, the Barcelona Arbitration Court, the IFTA Arbitral Tribunal and the Portuguese Commercial Arbitration Centre. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb). His institutional work includes membership of the ICC Commission on Arbitration and ADR, the ICCA–Queen Mary Task Force on Third-Party Funding, the ICC Task Force on Financial Institutions and International Arbitration, the ICC task force on the revision of the ICC rules as appointing authority in UNCITRAL and other ad hoc proceedings, the Arbitration Committee of ICC Portugal, and the Working Group of the Prague Rules. He is a member of the IBA, ICCA, ASA, the LCIA European Users' Council, the International Arbitration Institute (Paris), the Portuguese Arbitration Association and the Toronto Commercial Arbitration Society. He holds a law degree from the Faculty of Law of the University of Lisbon (1988) and postgraduate qualifications in accounting, financial analysis and business assessment (Universidade Nova de Lisboa, 1998) and in international trade law, contracts and international arbitration (University of Lisbon, 2004–2005), complemented by the ICC PIDA advanced training and ASA advanced practice seminars. He is the author of more than forty publications on Portuguese and international arbitration, including on the arbitrability of copyright and computer program rights, and works in Portuguese, English, Spanish and French.

Arbitrations conducted
50-100
30 years in this role
Role in arbitrations
Member of tribunal Presiding arbitrator Sole arbitrator

Legal / dispute expertise
Antitrust / competition law Business & Corporate Law Commercial contracts Copyrights & related rights Dispute resolution / arbitration practice European patents Finance & Banking law Licensing & technology transfer National patents Trademarks Unfair competition Unitary patents
Industries
Construction & engineering Energy & utilities Financial services Manufacturing & industrials Pharmaceuticals & life sciences Technology & IT Telecommunications

Bar admission(s)
Portugal
Governing law experience
Civil law

Education (degrees)
Law degree
Relevant training
ICC "PIDA" Training
ASA Practice seminars (3)
1st Portuguese Commercial Arbitration Centre Training for arbitrators
IFTA Training
ICC Arbitration training
Institutional panels & memberships
AAA / ICDR – American Arbitration Association / International Centre for Dispute Resolution CIArb – Chartered Institute of Arbitrators HKIAC – Hong Kong International Arbitration Centre ICC – International Chamber of Commerce LCIA – London Court of International Arbitration SAC – Swiss Arbitration Centre SIAC – Singapore International Arbitration Centre SVAMC – Silicon Valley Arbitration & Mediation Center
Publications and/or speaking engagements

1. Arbitrability of disputes in computer program rights under the Portuguese Law: General Overview – Romanian Arbitration Journal, year 10, nr. 1, jan-mar 2016, vol. 37, at 22 - Portuguese version in THEMIS Revista da Faculdade de Direito da UNL, Ano XII, Nºs24/25, 2013, at. 233-293 2. The Extension of Arbitration Agreements: A "Glimpse" of Connectivity - ASA Bulletin, Volume 32, No. 1, 2014, p. 18 - Portuguese version in Revista da Ordem dos Advogados, year 74, nr. 1, jan-mar 2014, at. 141-179 3.Pathological arbitration clauses, good faith and the protection of legitimate expectations, Arbitration International 31(2) 349 (2015) 4. Arbitrability Of Copyrights In Portugal, in MEALEY’S International Arbitration Report Vol. 30, #5 May 2015 5. The role of good faith in arbitration: are arbitrators and arbitral institutions bound to act in good faith?, in 33 ASA BULLETIN 3/2015 (SEPTEMBER) 6. Arbitration in Swaps: the Portuguese experience, with Prof. Paula Costa e Silva, Arbitration International, 2016, 0, 1–25 -- doi: 10.1093/arbint/aiw014 7. Arbitral awards modifying arbitral awards? The principle of "equilibrium" of arbitral awards - European International Arbitration Review, Vol. 4:2 8. Third-Party Funding: In Search of a Definition, American Review of International Arbitration, 2018 9. Arbitrating Disputes in Third-Party Funding: A Parallel With Arbitration in the Financing Sector, The International Journal of Arbitration, Mediation and Dispute Management, Volume 85 Issue 2 May 2019 10. Arbitration and blockchain in the banking and financing sector, WAMR 2018 - Vol. 12, No. 2, 2018