Judgment of the Supreme Court of Sweden, 16 April 2010, Case No. Ö 13-09/NJA 2010 s. 219
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 enforced as the main rule under both Swedish law and the New York Convention, a counterparty must also receive notice that arbitration proceedings have been initiated or are in progress, as a general requirement. Because the counterparty received no notice of the arbitration, the court refused to recognise and enforce the award.
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The Supreme Court
Ö 13-09
Resistance to recognition and enforcement of foreign arbitral award