New on Swedish Arbitration Portal: Svea Court of Appeal upholds jura novit curia
In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal upheld the principle of jura novit curia, rejecting claims that the arbitrator may not apply legal principles not referenced by the parties.
A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not referenced by the parties. The party also argued that the arbitrator’s failure to inform the parties that he intended to apply certain legal provisions by analogy amounted to a procedural error. The Court dismissed the challenge in its entirety. Pursuant to the principle of jura novit curia, the arbitrators are not bound by the parties’ legal arguments, but are free to decide which provisions of the law that apply based on the referenced circumstances.
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