In a recent decision of December 2012, the Svea Court of Appeal rejected a challenge brought against an SCC award.
The challenging party alleged inter alia that the tribunal had exceeded its mandate by basing its decision on a circumstance not referenced by the parties. The party alleged that this also constituted a procedural error which gave grounds for challenge. In addition, the challenging party held that a number of decisions on procedure by the tribunal constituted excess of mandate.
In its decision, the Court held inter alia that, subject to the agreement of the parties, tribunals have discretion to conduct the proceedings as they deem appropriate, and that for example a refusal to hear witnesses may fall under this discretion.
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Swedish Arbitration Portal
The translation of this decision has been provided by Setterwalls.