Decision of the Svea Court of Appeal, 10 December 2008, Case No. T 10321-06
Summary:The appellant challenged a Swedish arbitration award under Section 34(5) of the Swedish Arbitration Act, alleging a party-appointed arbitrator’s prior appointments by the same law firm raised doubts as to the arbitrator’s impartiality. The Svea Court of Appeal explained that impartiality is judged by an objective standard under Swedish law and that repeat appointments could, in some cases, undermine the appearance of an arbitrator’s impartiality. The court, however, rejected the challenge, finding that, based on an overall assessment, no circumstances objectively diminished the confidence in the arbitrator’s impartiality.