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 violated Section 33 of the Swedish Arbitration Act. The claimant-appellee responded that the lack of an arbitration agreement does not render an arbitral award invalid, but rather means that it can be challenged pursuant to Section 24 of the Swedish Arbitration Act. The Court rejected the respondent’s motion, stating that the absence of an arbitration agreement does not render the award invalid. The Court ordered the respondent to reimburse the claimant’s costs, and held respondent’s counsel jointly and severally liable for a part of the costs because he had negligently presented an argument that he should have known had no grounds.