The Supreme Court

Summary: The Supreme Court upheld a judgment by the Svea Court of Appeal, which had partially set aside an arbitral award based on a procedural error that had likely affected the outcome of the case. Early during the proceedings, the tribunal had issued a procedural order that included a...

Summary: The Supreme Court rejected the challenging party’s application to set aside the challenged arbitral award under Section 34 SAA, finding that the challenging party had not brought such grounds that the arbitral tribunal’s interpretation of the parties’ agreement on dispute resolution...

Summary: The question in the application to the Supreme Court was whether there were grounds for refusing recognition and enforcement of a foreign arbitral award in Sweden on the basis that the Respondent in the arbitration was not given an opportunity to present its case in the arbitration...

Summary: A party in an ongoing arbitration initiated court proceedings under section 2 of the Swedish Arbitration Act, which provides that public courts may, on motion of a party, review an arbitral tribunal’s jurisdiction while the arbitration remains open. Here, the party moved the court to...

Summary: The appellant appealed to the Supreme Court a decision of the Svea Court of Appeal, which had rejected the appellant’s application to declare an arbitral award invalid on the basis that it violated public policy. In the award, the tribunal had found the appellant in breach of EU...

Summary:The appellant moved the Supreme Court to grant its application for recognition and enforcement of an arbitration award rendered by the International Centre for Dispute Resolution in New York. The lower court had found that the award could not be enforced because the respondent had not...

Summary: A party sought enforcement in Sweden of an award rendered in Honduras. The party sought enforcement against “NCC AB,” who was not listed as party in the award. The requesting party alleged that by mistake the award listed “NCC AS” as party, yet the tribunal in reality meant “NCC AB” and...

Summary: The appellant requested the Supreme Court to revert the judgment of the Svea Court of Appeal, declaring the arbitral award invalid. The appellant maintained that there was no valid arbitration agreement, as one of the parties did not hold the business license required by the applicable...

Summary: The appellant appealed to a judgment of the Svea Court of Appeal, alleging that a Swedish arbitral award was invalid, as it resolved non-arbitrable issues breaching Swedish and Russian peremptory laws. The Supreme Court of Sweden rejected the appeal and upheld the judgment of the Svea...

Summary: The appellant requested court assistance in taking evidence from a third party in an on-going arbitration under Section 26 of the Swedish Arbitration Act. The counterparty objected to the request, asserting that the requested material lacked evidentiary value and contained trade...

Summary: The appellant filed an action in the District Court, seeking repayment on a loan. The counterparty requested that the action be dismissed due to the existence of an arbitration agreement contained in a “cooperation agreement”. The appellant countered that its claim was not based on...

Summary: The appellant foreign state challenged the lower court’s judgment that real property owned by the appellant could be used to execute an enforcement order of an arbitral award. The appellant claimed that the property in question was used for official purposes and therefore protected...

Summary: The appellant appealed a judgment by the Svea Court of Appeal to uphold an arbitral tribunal’s finding that an arbitration clause applied to a dispute but to amend the tribunal’s decision on compensation for litigation costs and arbitrators’ fees. The Supreme Court of Sweden partially...

Summary: The respondent challenged Stockholm as the seat of arbitration, alleging an insufficient connection to the Swedish legal system under the Swedish Arbitration Act. The Supreme Court of Sweden affirmed the principle of party autonomy and rejected the challenge. The court explained that...

Summary: The appellant challenged a Swedish arbitration award under Section 34(5) of the Swedish Arbitration Act, alleging that a party-appointed arbitrator’s prior appointments by the same law firm raised doubts as to the arbitrator’s impartiality. The Supreme Court of Sweden explained that...

Summary: The counterparty resisted enforcement against a Russian arbitral award on the grounds that it was not “duly” notified of the arbitration proceedings, as required by Section 54 of the Swedish Arbitration Act. The Supreme Court of Sweden noted that, although foreign arbitral awards are...

Summary: The appellant challenged a Swedish arbitral award under Section 34 of the Swedish Arbitration Act, alleging that the arbitral tribunal either exceeded its jurisdiction or committed a procedural error that created a basis for setting the award aside. The appellant claimed that the...

Summary: The appellant requested that the arbitrators’ fees be reduced under Section 41 of the Swedish Arbitration Act. The fees had been established by the arbitral institution that administered the arbitration, in accordance with the institution’s rules. The arbitrators asserted that Section...

Summary: The appellant appealed the dismissal of Swedish court proceedings, alleging that the counterparty waived its right to rely on the arbitration agreement by failing to pay its share of advance on costs as requested by the arbitral tribunal. The Supreme Court of Sweden dismissed the...

Summary: The appellant in an investment treaty dispute challenged a Swedish arbitral award under Section 36 of the Swedish Arbitration Act, alleging that the arbitral tribunal improperly made a negative jurisdictional ruling by not applying the doctrine of assertion. The Supreme Court of Sweden...