Judgment of the Supreme Court of Sweden, 27 October 2000, Case No. T 1881-99/NJA 2000 s. 538

Symmary: The appellant challenged a Swedish arbitral award, alleging that it had rightfully terminated the arbitration clause due to the counterparty’s breach of an implied obligation of confidentiality in the clause.  The appellant alleged that by releasing a preliminary award from the tribunal to the press, the counterparty breached its confidentiality obligation.  The Supreme Court of Sweden examined whether an implied obligation of confidentiality exists in arbitrations in Sweden, reviewing Swedish legal commentaries and the treatment of the issue in foreign jurisdictions.  The court found no legal basis to support the appellant’s claim and rejected the challenge.  The court concluded that no confidentiality obligation exists in arbitration in Sweden, absent express party agreement.