Judgment by the Svea Court of Appeal 2011-11-14
The Svea Court of Appeal recently decided a challenge to a Swedish arbitration award where the challenging party invoked Section 34 of the Swedish Arbitration Act and alleged that the arbitral tribunal exceeded its mandate or committed procedural errors on two counts, both of which probably influenced the outcome of the arbitration.
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Decision by the Supreme Court of Ukraine 2011-08-31
The Supreme Court of Ukraine recently upheld enforcement of an SCC arbitral award. The dispute between Evertrade, a French company, and the Port of Kherson, a State entity, was resolved by a final arbitral award on 8 August 2008. Evertrade sought enforcement of the award in the Suvorovskiy District Court of Kherson in 2009, but the Port of Kherson challenged the enforcement in the Ukrainian courts for violations of the substantive law. The lower courts rejected the challenge.
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Judgment by the Svea Court of Appeal 2011-08-31
The Svea Court of Appeal recently decided a challenge to a Swedish arbitration award where the challenging party alleged that the arbitral tribunal exceeded its mandate by basing its judgment on facts not raised by the parties during the arbitration proceedings.
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Decision by the Federal Commercial Court of Saint Petersburg 2011-03-10
A Norwegian party recently applied for the recognition and enforcement of an SCC award in St Petersburg, Russia. The Russian defendant objected and argued that the SCC lacked jurisdiction over the dispute, that the Russian party had not been duly notified of the arbitration, and that enforcement of the award would constitute a violation of Russian public policy. Russian courts found no ground for the objections and decided to grant recognition and enforcement of the Swedish award.
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Decision by the Svea Court of Appeal 2011-03-09
In a recent decision from the Svea Court Appeal, the Court decided to grant an application to produce documents containing trade secrets after balancing the interests of the parties. The conclusion was drawn after considering the trade secret’s evidentiary and economical value, and how likely it is that a disclosure will cause significant harm.
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Decision by the Svea Court of Appeal 2011-01-21
In a recent decision of the Svea Court of Appeal, the Court reasons on Swedish principles of arbitrability in the light of foreign mandatory law. Plaintiff argued that the award, rendered on 20 December 2007 in an ad hoc arbitration under the Swedish Arbitration Act, included an assessment of an issue which could not be referred to arbitration under Swedish law and that this caused the award to be invalid under Section 33 of the Swedish Arbitration Act.
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Ruling by the Supreme Court of Ukraine 2010-11-24
The Supreme Court of Ukraine decided on enforcement under the New York Convention of a Swedish arbitral award rendered under the SCC Rules in November 2010.
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(Unofficial translation)
Decision by the Supreme Court of Sweden 2010-11-12
In a decision on 12 November 2010, the Swedish Supreme Court clarifies the effect of the seat of arbitration under Swedish law:
"Since RosInvestCo and the Russian Federation have agreed that the arbitral proceedings shall take place in Sweden, the Swedish Arbitration Act is applicable. Consequently, Swedish courts are competent to rule on the arbitrators’ jurisdiction and as to whether there is sufficient connection to the Swedish legal system."
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(Office translation)
Order by Stockholm District Court 2010-10-11
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Awards by the Svea Court of Appeal 2008-12-10 and the Supreme Court 2010-06-09
The Swedish Supreme Court recently decided a challenge against a Swedish arbitration award where the challenging party held that one of the arbitrators lacked impartiality due to repeat appointments.
The Svea Court of Appeal as first instance decided to dismiss the challenge, a decision which was later upheld on appeal by the Supreme Court. Both judgments refer to some degree to the IBA Guidelines on Conflicts of Interest in International Arbitration.
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(Unofficial translations)
Award by Skåne and Blekinge Court of Appeal 2010-06-17
Challenge of Arbitral Award
In a recent decision in a challenge procedure under the Swedish Arbitration Act, the Court of Appeal of Skåne and Bleking had reason to deliberate on the relationship between Swedish rules on arbitrability, and Article 22(2) of the Brussels I Regulation.
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(Unofficial translation)
Award by Svea Court of Appeal 2010-05-20
Challenge of Arbitral Award
A Russian company has challenged an Arbitral Award rendered in Stockholm. The company moved that the Arbitral Award be set aside since no valid contracts, nor an arbitration agreement, between the parties in the arbitration existed. The validity of the contracts was conditional upon the approval of the Board of Directors of both companies. An approval should have been submitted from the counter party, a Swedish company, in form of minutes from a board meeting. Such minutes did however not exist. The Svea Court of Appeal found that it was showed that the Board of Directors of the Swedish company had approved the contracts. The fact that the Swedish company did not comply with the provisions in the Swedish Companies Act as regards the keeping of minutes was irrelevant in this context. The Russian company’s challenge was thus dismissed.
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(Office translation by Mannheimer Swartling)
Award by Svea Court of Appeal 2009-12-18
Challenge of Arbitral Award
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(Office translation by Setterwalls Advokatbyrå)
Decision by the Supreme Court of Sweden 2008-12-03
Appeal of Arbitration Costs
According to a decision from the Swedish Supreme Court the arbitrators' fees can be appealed - even though they have been decided by an arbitral institution.
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Award by Svea Court of Appeal 2009-12-18
Challenge of Arbitral Award
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(translation made by Setterwalls Advokatbyrå)