Swedish Arbitration Portal Updated: Swedish Court Rules on Notice Requirements
24 September 2012


The Skåne and Blekinge Court of Appeal affirmed the validity of an SCC award in a case between a Dutch and a Swedish company.
The appellant sought to set aside the award on various grounds, including an alleged procedural error. The appellant alleged that it was not duly served with personal notice of the request for arbitration and other documents and thereby deprived of the opportunity to present its case.

On 14 May 2012, the Skåne and Blekinge Court of Appeal dismissed all challenges. In dismissing the procedural error challenge, the Court referenced Article 19 of the Swedish Arbitration Act, which states that arbitration proceedings commence when a party receives a written request for arbitration, and case law that interprets this provision as requiring the request for arbitration to be personally served on the respondent. The court noted, however, that these requirements are not mandatory and can be replaced or supplemented by reference to specific arbitration rules. Here, the parties entered into a valid arbitration agreement that incorporated the SCC Rules. The SCC Rules then set the standard for due notice. Because the SCC Rules impose no personal service obligation, the appellant was therefore properly served.

An unofficial English translation of the case, as well as the Swedish original, can be accessed on the Swedish Arbitration Portal. The Swedish Arbitration Portal is a free service offered by the SCC to provide English translations of Swedish court decisions on arbitration issues. The site launched in May 2012 with the mission of increasing transparency in arbitration by making Swedish case law more accessible to the international community.
 
arrow_small English translation of the judgment
 
arrow_small Original judgment in Swedish
 
arrow_small Swedish Arbitration Portal

The English translation of the judgment was provided by the law firm Vinge KB.
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