Judgment of the Supreme Court of Sweden, 12 May 2008, Case No. Ö 2289-05/NJA 2008 s. 476

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 appellant’s claim, concluding that failure to pay an advance on costs can only constitute waiver of the right to arbitrate in the particular dispute and not a general loss of the right to arbitrate.  Since the dispute brought by the appellant differed from the original dispute, the counterparty had not waived its right to invoke the arbitration agreement.