Decision of the Supreme Court of Sweden, 12 February 1980, Case No. Ö 108/78/NJA 1980 s. 46

Summary: The appellant alleged that a binding arbitration agreement did not exist between the parties and that the case should therefore be remanded to the district court for decision.  The appellant argued that the counterparty’s reference to standard trade terms, which contained the arbitration agreement, was insufficient to create a binding agreement to arbitrate, where the counterparty did not provide the trade terms to the appellant.  The Supreme Court of Sweden reasoned that reference to standard trade terms is common practice and that the appellant should have inquired further into the terms it agreed to.  The court concluded that the arbitration agreement was part of the agreement between the parties and rejected the request to remand the case to the district court.