Decision of the Supreme Court of Sweden, 30 September 2003, Case No. Ö 3390-01/NJA 2003 s. 379

Summary: The appellant appealed the court of appeal’s ruling and requested that a foreign arbitral award be refused enforcement due to, inter alia, lack of an arbitration agreement.  The Supreme Court of Sweden explained that the arbitral tribunal is best positioned to decide its own jurisdiction.  The court reasoned that the claimant invoking the arbitration agreement has the initial burden of proving that the arbitral tribunal has jurisdiction but that the burden to prove that the tribunal incorrectly asserted jurisdiction then shifts to the respondent.  The court found that the appellant failed to meet its burden and rejected the challenge.