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Court of Appeal
The courts of appeal (Swedish: hovrätter) are the second instance courts in Sweden. There are six courts of appeal, which are divided by geographic regions. In some cases involving arbitration issues, the court of appeal is the first instance court. Challenges to an arbitral award and applications for recognition and enforcement of a foreign arbitral award are made directly to the 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 allows for remote hearings.
The respondent in the arbitration challenged the final arbitral award...
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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 Arbitration Act should declare an arbitral award (the Award) invalid. As legal grounds for its motion,...
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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 between the member states of the European Union, and if that is the case, whether Article 26 of the ECT...
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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 reduced based on an alleged lack of impartiality and independence, stressing that the arbitrator...
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Decision by the Svea Court of Appeal, 18 May 2018, Case No T 82-16
Summary
The Claimant in the arbitration challenged both the Partial Award and the Final Award. The Claimant requested the court to declare both the Partial Award in its entirety, and parts of the Final Award invalid, and as an alternative, set aside.
The Claimant argued that the arbitral...
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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 annual items 1a, 1b, 3, 5 and 6 of the arbitration award. The challenging party argued that the...
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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 referenced by the parties. The party also argued that the arbitrator’s failure to inform the parties that he...
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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 by (1) failing to be impartial in relation to the parties, (2) basing its decision on circumstances...
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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 rights, the investors requested arbitration stating that Kazakhstan had breached the investor protection...
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