The Supreme Court
Judgment in The Supreme Court, 27 December 2023. Case No. Ä 2885-23 Summary: The Supreme Court ruled on the question of whether there was a barrier to the enforcement of an arbitral award regarding the party's obligation to compensate the counterparty for...The Supreme Court
Judgment in The Supreme Court, 17 May 2023. Case No. Ö 4116-22 Summary: After certain disputes arose over several fuel caps delivered in 2020, the claimant filed a lawsuit against the respondent before the District Court requesting the District Court to order...The Supreme Court
Judgment in the Supreme Court, 14 December 2022. Case No. T 1569-19 Summary: A fund company seated in the EU prevailed against an EU member state in an arbitration under a BIT, whereby the arbitral tribunal found that the EU member state had violated the FET...Recently published Court of appeal
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Judgment in the Svea Court of Appeal, 30 June 2022. Case No T 7158-20
Summary: In a recent ruling by the Svea Court of Appeal, the Court of Appeal confirmed that the right to an oral hearing under the Swedish Arbitration Act (the “SAA") is technology neutral and...
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Judgment by the Svea Court of Appeal, 9 March 2022. Case no. T 6254-20
Challenge of arbitral award rendered in Stockholm on 30 March 2020.
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Decision in the Svea Court of Appeal, 9 October 2020. Case no. T 1626-19
Challenge and invalidity of an arbitral award; presently the question of written observations by the European Commission etc.
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Judgment in the Svea Court of Appeal, 26 May 2020. Case no. T 1151-19
Challenge of arbitral award rendered in Stockholm on 21 January 2019
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Decision in the Svea Court of Appeal, 19 May 2020. Case no. T 4658-18
Challenge to and invalidity of arbitral award; now the matter of application for a preliminary ruling from the European Court of Justice
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Decision in the Svea Court of Appeal, 17 April 2020. Case no. T 8181-19
Challenge of arbitral award; now the issue of dismissal of new challenge grounds etc.
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Decision by the Svea Court of Appeal, 31 January 2020. Case No. T 12462-19
Summary: The Republic of Kazakhstan (Kazakhstan) applied for a summons, moving that the Court of Appeal as per item 1, alternatively item 2, of the first paragraph of Section 33 of the Swedish...
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Judgment in the Svea Court of Appeal, 19 December 2019. Case No. T 7929-17
Summary The Appellant (Respondent in the arbitration) challenged the Final Award. The original dispute arose out of the loan agreement between the Claimant and the Respondent, which contained two...
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Decision by the Svea Court of Appeal, 25 April 2019, Case No. T 4658-18
The Kingdom of Spain urged the Court of Appeal to request a preliminary ruling from the Court of Justice of the European Union in order to clarify whether Article 26 of the ECT is applicable...
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Judgment in the Svea Court of Appeal, 22 February 2019. Case No. T 8538-17 and T 12033-17
The translation was provided by Mannheimer Swartling. Summary: The Respondent to the arbitration challenged the separate arbitral award and the final arbitral award. The two challenge cases...
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Judgment in the Svea Court of Appeal, 16 October 2018. Case No. T 6862-17
The Claimant as a losing party in the arbitration appealed the decision of the District Court regarding the compensation to an arbitrator. The Claimant argued that the arbitrator’s fees should be...
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Judgment in the Svea Court of Appeal, 26 February 2018. Case No. T 6582-16
Summary: The Claimant in the arbitration challenged the arbitral award claiming that the award should be (i) declared wholly or partially invalid, pursuant to item 2 of the first paragraph of...
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Judgment in the Svea Court of Appeal, 31 October 2017. Case No. T 6247-15
Summary: The Respondent to the arbitration (challenging party) challenged the award under item 2 of Section 34 of the Swedish Arbitration Act (SAA), requesting that the Court of Appeal annul the...
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Judgment in the Svea Court of Appeal, 28 August 2017. Cases No. T 756-16 and T 4427-16
Summary: The Respondent to the arbitration (challenging party) challenged the award under item 2 of Section 34 of the Swedish Arbitration Act, requesting that the Court of Appeal annul paragraphs...
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Judgment in the Svea Court of Appeal, 30 May 2017. Case No. T 6335-16
Summary: The Respondent to the arbitration challenged the arbitration award under item 2 of Section 34 of the Swedish Arbitration Act. The challenging party moved that the Court of Appeal should...
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Judgment in the Svea Court of Appeal, 9 March 2017. Case No. T1968-16
Summary: 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...
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Judgment in the Svea Court of Appeal, 10 February 2017. Case No T 5937-12
Summary: A party challenged the arbitration award under item 2 of Section 34 of the Swedish Arbitration Act. The party argued that the tribunal committed procedural errors and exceeded its mandate...
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Judgment in the Svea Court of Appeal, 9 December 2016. Case No. T 2675-14
Summary: Two Moldovan investors acquired all shares in two Kazakh companies that held extraction rights to oil and gas fields in Kazakhstan. Following Kazakhstan’s termination of extraction...
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Judgment in the Court of Appeal, 25 August 2016, Case No. T 391-16
Summary: The respondent in the arbitration challenged a separate award on costs, in which the arbitral tribunal had ordered the respondent to reimburse the claimant for the respondent’s part of...
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Judgment in the Svea Court of Appeal, 20 June 2016, Case No. T 6-15
Summary: The arbitral tribunal had dismissed the arbitration under Section 38 of the Swedish Arbitration Act, without deciding the dispute on the merits, on the grounds that the claimant had...
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Judgment in the Svea Court of Appeal, 22 April 2016, Case No. T 7186-14
Summary: Claimant challenged the arbitral award, alleging that both the chairman and the arbitrator appointed by respondent had lacked in impartiality and independence. Pursuant to paragraph 5 of...
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Judgment in the Court of Appeal, 9 March 2016, Case No. Ö 8635-15
Summary: Section 4 of the Swedish Arbitration Act provides that a court may not, upon the objection of a party, review a dispute covered by an arbitration agreement. This principle applies also to...
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Judgment in the Svea Court of Appeal, 19 February 2016. Case No. T 5296-14
Summary: The Respondent to the arbitration challenged the award claiming that the award should either be annulled pursuant to section 33(2) of the Swedish Arbitration Act or alternatively set...
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Judgment in the Court of Appeal, 18 January 2016, Case No. T 9128-14
Summary: A plea for negative declaratory relief has been granted by Svea Court of Appeal in a review proceeding concerning the tribunal’s juridiction in an investment arbitration. The...
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Judgment in the Court of Appeal, 16 December 2015, Case No. T 975-15
Summary: The respondent/counterclaimant in an arbitration regarding a licencing agreement challenged the arbitral award, arguing that the tribunal had exceeded its mandate and committed procedural...
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Judgment of Svea Court of Appeal, 25 June 2015, Case No T 2289-14
Summary: The respondent, a Russian energy company, challenged a 2013 arbitral award that ordered it to pay damages to a U.S. oil company for breaches of a cooperation agreement relating to the...
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Judgment of Svea Court of Appeal, 18 June 2015, Case No T 4861-14
Summary: The respondent in the arbitration challenged the arbitral award under Section 34 and 34 of the Swedish Arbitration Act. The subject of the dispute was whether the respondent had breached...
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Judgment of the Svea Court of Appeal, April 28 2015, Case No. T 7796-14
Summary:The respondent in an arbitration moved the Court of Appeal to declare the arbitral award invalid, arguing that the parties lacked an arbitration agreement and that the award therefore...
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Judgment of the Svea Court of Appeal, 20 March 2015, Case No. T 8043-13
Summary: The claimants moved to annul the arbitration award on three grounds: (1) the arbitration agreement had ceased to apply when one of the claimants declared bankruptcy; (2) the arbitral...
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Judgment of the Svea Court of Appeal, 26 March 2015, Case No T 10470-10
Summary: In 1995, the parties signed a cooperation agreement involving the development of a natural gas field in Ukraine. The agreement was to last until 2023, but in 2007 the Ukrainian government...
Recently published Supreme Court
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Judgment in The Supreme Court, 27 December 2023. Case No. Ä 2885-23
Summary: The Supreme Court ruled on the question of whether there was a barrier to the enforcement of an arbitral award regarding the party's obligation to compensate the counterparty for...
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Judgment in The Supreme Court, 17 May 2023. Case No. Ö 4116-22
Summary: After certain disputes arose over several fuel caps delivered in 2020, the claimant filed a lawsuit against the respondent before the District Court requesting the District Court to order...
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Judgment in the Supreme Court, 14 December 2022. Case No. T 1569-19
Summary: A fund company seated in the EU prevailed against an EU member state in an arbitration under a BIT, whereby the arbitral tribunal found that the EU member state had violated the FET...
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Judgment of the Supreme Court, 30 April 2019, Case No. T 796-18
Summary: The Supreme Court upheld a judgment by the Svea Court of Appeal, which had partially set aside an arbitral award based on a procedural error that had likely affected the outcome of the...
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Judgment of the Supreme Court, 20 March 2019. Case No. T 5437-17
Summary: The Supreme Court rejected the challenging party’s application to set aside the challenged arbitral award under Section 34 SAA, finding that the challenging party had not brought such...
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Judgment in the Swedish Supreme Court, 4 May 2018. Case No. Ö 3626-17
Summary: The question in the application to the Supreme Court was whether there were grounds for refusing recognition and enforcement of a foreign arbitral award in Sweden on the basis that the...
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Judgment of the Supreme Court, 21 April 2016, Case No. Ö 1429-15
Summary: A party in an ongoing arbitration initiated court proceedings under section 2 of the Swedish Arbitration Act, which provides that public courts may, on motion of a party, review an...
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Judgment of The Supreme Court, 17 of June 2015, Case No. T 5767-13
Summary: The appellant appealed to the Supreme Court a decision of the Svea Court of Appeal, which had rejected the appellant’s application to declare an arbitral award invalid on the basis that...
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Judgment of the Supreme Court, 2 June 2015, Case No. Ö 6354-13
Summary:The appellant moved the Supreme Court to grant its application for recognition and enforcement of an arbitration award rendered by the International Centre for Dispute Resolution in New...
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Decision of the Supreme Court of Sweden, 18 March 2014, Case No. Ö 2237-12
Summary: A party sought enforcement in Sweden of an award rendered in Honduras. The party sought enforcement against “NCC AB,” who was not listed as party in the award. The requesting party...
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Judgment of the Supreme Court of Sweden, 14 June 2013, Case No. T 2104-12/NJA 2013 s. 578
Summary: The appellant requested the Supreme Court to revert the judgment of the Svea Court of Appeal, declaring the arbitral award invalid. The appellant maintained that there was no valid...
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Judgment of the Supreme Court of Sweden, 23 November 2012, Case No. T 4982-11
Summary: The appellant appealed to a judgment of the Svea Court of Appeal, alleging that a Swedish arbitral award was invalid, as it resolved non-arbitrable issues breaching Swedish and Russian...
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Decision of the Supreme Court of Sweden, 10 May 2012, Case No. Ö 1590-11/NJA 2012 s. 289
Summary: The appellant requested court assistance in taking evidence from a third party in an on-going arbitration under Section 26 of the Swedish Arbitration Act. The counterparty objected to...
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Decision of the Supreme Court of Sweden, 5 April 2012, Case No. Ö 5553-09/NJA 2012 s. 183
Summary: The appellant filed an action in the District Court, seeking repayment on a loan. The counterparty requested that the action be dismissed due to the existence of an arbitration agreement...
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Judgment of the Supreme Court of Sweden, 1 July 2011, Case No. Ö 170-10/NJA 2011 s. 75
Summary: The appellant foreign state challenged the lower court’s judgment that real property owned by the appellant could be used to execute an enforcement order of an arbitral award. The...
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Judgment of the Supreme Court of Sweden, 30 November 2010, Case No. T 3258-09/NJA 2010 s. 600
Summary: The appellant appealed a judgment by the Svea Court of Appeal to uphold an arbitral tribunal’s finding that an arbitration clause applied to a dispute but to amend the tribunal’s decision...
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Judgment of the Supreme Court of Sweden, 12 November 2010, Case No. Ö 2301-09/NJA 2010 s. 508
Summary: The respondent challenged Stockholm as the seat of arbitration, alleging an insufficient connection to the Swedish legal system under the Swedish Arbitration Act. The Supreme Court of...
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Judgment of the Supreme Court of Sweden, 9 June 2010, Case No. T 156-09/NJA 2010 s. 317
Summary: The appellant challenged a Swedish arbitration award under Section 34(5) of the Swedish Arbitration Act, alleging that a party-appointed arbitrator’s prior appointments by the same law...
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Judgment of the Supreme Court of Sweden, 16 April 2010, Case No. Ö 13-09/NJA 2010 s. 219
Summary: The counterparty resisted enforcement against a Russian arbitral award on the grounds that it was not “duly” notified of the arbitration proceedings, as required by Section 54 of the...
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Decision of the Supreme Court of Sweden, 31 March 2009, Case No. T 4387-07/NJA 2009 s. 128
Summary: The appellant challenged a Swedish arbitral award under Section 34 of the Swedish Arbitration Act, alleging that the arbitral tribunal either exceeded its jurisdiction or committed a...
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Judgment of the Supreme Court of Sweden, 3 December 2008, Case No. Ö 4227-06/NJA 2008 s. 1118
Summary: The appellant requested that the arbitrators’ fees be reduced under Section 41 of the Swedish Arbitration Act. The fees had been established by the arbitral institution that administered...
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Judgment of the Supreme Court of Sweden, 12 May 2008, Case No. Ö 2289-05/NJA 2008 s. 476
Summary: The appellant appealed the dismissal of Swedish court proceedings, alleging that the counterparty waived its right to rely on the arbitration agreement by failing to pay its share of...
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Judgment of the Supreme Court of Sweden, March 2008, Case No. T 2113-06/NJA 2008 s. 406
Summary: The appellant in an investment treaty dispute challenged a Swedish arbitral award under Section 36 of the Swedish Arbitration Act, alleging that the arbitral tribunal improperly made a...
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Judgment of the Supreme Court of Sweden, 19 November 2007, Case No. T 2448-06/NJA 2007 s. 841
Summary: The appellant challenged a Swedish arbitral award, alleging that an arbitrator’s consultancy work raised doubts as to his impartiality in violation of Section 8 of the Swedish Arbitration...
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Decision of the Supreme Court of Sweden, 16 June 2004, Case No. Ö 853-03
Summary: The appellant requested the Supreme Court of Sweden to lift the confiscation of documents ordered by the Svea Court of Appeal under the Swedish Act on International Legal Assistance in...
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Decision of the Supreme Court of Sweden, 30 September 2003, Case No. Ö 3390-01/NJA 2003 s. 379
Summary: The appellant appealed the court of appeal’s ruling and requested that a foreign arbitral award be refused enforcement due to, inter alia, lack of an arbitration agreement. The Supreme...
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Decision of the Supreme Court of Sweden, 2 January 2003, Case No. Ö 3504-01/NJA 2003 s. 3
Summary: The appellant objected to the creditors’ right to be determined by way of arbitration proceedings, alleging that the arbitration clause did not bind the creditors as it had been agreed...
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Judgment of the Supreme Court of Sweden, 12 November 2001, Case No. Ö 1245-01/NJA 2001 s. 738
Summary: The appellant sought recovery of costs incurred through court proceedings to enforce a foreign arbitral award. The Supreme Court of Sweden noted that, although the Swedish Arbitration...
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Judgment of the Supreme Court of Sweden, 29 December 2000, Case No. T 5119-99/NJA 2000 s. 773
Summary: The appellant requested a court order under the 1929 Swedish Arbitration Act (the “1929 Act”) while the arbitration proceeding was ongoing, seeking compensation for paying the...
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Judgment of the Supreme Court of Sweden, 27 October 2000, Case No. T 1881-99/NJA 2000 s. 538
Symmary: The appellant challenged a Swedish arbitral award, alleging that it had rightfully terminated the arbitration clause due to the counterparty’s breach of an implied obligation of...