Decision of the District Court of Södertörn, 26 January 2009, Case No. T 5511-08
Summary: The claimant sought repayment of a loan from the defendant, a company owned by a third party. The defendant alleged that the claim should be dismissed due to the existence of an arbitration agreement contained in a “cooperation agreement” between the claimant and the defendant’s parent company. The defendant alleged that it should be considered a third party to the cooperation agreement. Finding no intention between any of the parties to bind the defendant to the cooperation agreement, the District Court of Södertörn rejected the defendant’s request. The Svea Court of Appeal reversed the District Court’s decision on 23 September 2009 in Case No. 1634-09. The Supreme Court of Sweden ultimately affirmed the District Court on 5 April 2009 in Case No. 5553-09.
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District Court
T 5511-08
Challenge to court action due to arbitration agreement; binding a non-signatory