Judgment of the Supreme Court of Sweden, March 2008, Case No. T 2113-06/NJA 2008 s. 406

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 agreed and set aside the award, finding that the arbitral tribunal failed to base its jurisdiction decision on the grounds asserted by the appellant and failed to apply to the doctrine of assertion.