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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.

  • 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,...

  • 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 dispute resolution provisions: one referring to a state court and the other to arbitration. The...

  • Decision by the Svea Court of Appeal, 27 November 2019, Case N:o T 10191-17

    Summary: The parties entered into two agreements regarding supply and transit of natural gas. A dispute arose between the parties, resulting in the parties filing requests for arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). Three arbitral awards were...

  • 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...

  • 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 were heard together by the Svea Court of Appeal. The challenging party requested the court to declare...

  • 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...

  • 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...

  • 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 Section 33 of the Swedish Arbitration Act (1999:116); (ii) wholly or partially annulled pursuant of...

  • 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 award in its entirety, or alternatively in part. The challenging party argued three separate...

  • 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 67, 71 and part of paragraph 73 of the arbitral award. The challenging party argued that the...

  • 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...

  • 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...

  • 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...

  • 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...

  • 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 the advance on costs. Respondent argued that the arbitral tribunal committed a procedural error and...

  • 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 failed to pay security for costs as requested by the tribunal. In the award, the tribunal also made...

  • 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 Section 34 of the Swedish Arbitration Act, in the event that an arbitrator is disqualified based on...

  • 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 counterclaims that fall within the scope of the arbitration agreement, even where the main claim...

  • 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 aside in full pursuant to section 34(2). The challenging party argued that the tribunal was not...

  • 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 respondent state moved the Court of Appeal to review the judgement of the Stockholm District Court (Case No....