Judgment by the Svea Court of Appeal, 9 March 2022. Case no. T 6254-20
The English translation of the judgment is provided by Mannheimer Swartling.
The respondent in the underlying arbitration challenged the final award based on the assertion that the tribunal had erroneously found that it had a mandate to supplement the disputed contract. The party challenging the award submitted that in the absence of such mandate, the tribunal had exceeded its mandate or jurisdiction by i) rendering the final award and ii) determining a price formula that went beyond the claimant’s requests for relief in the arbitration.
In its judgment, the Svea Court of Appeal found that the arbitral tribunal had the right to supplement the parties’ contract by revising the price formula in the underlying arbitration. In reaching this conclusion, the Svea Court of Appeal noted that the parties’ contract was not very restrictive for the tribunal’s determination and that the tribunal therefore had a wide discretion to revise the price formula. The Svea Court of Appeal found that the tribunal had not committed any error by rendering the final award and that the tribunal had not exceeded its mandate by deciding on a price formula that was between the parties’ requests. The Svea Court of Appeal rejected the claim to set aside the final award.