Decision of the Court of Appeal for Western Sweden, 25 June 2008, Case No. T 4338-07
Summary: The appellant challenged the award under section 34(2) of the Swedish Arbitration Act, alleging that the tribunal had exceeded its mandate by reaching its conclusion on a circumstance not referenced by the parties. The appellant alleged that the tribunal found that the parties entered into two agreements, whereas during the arbitral proceedings the appellant had maintained that only one agreement was entered into. The Court rejected the challenge and explained that the wording of the tribunal could be understood as if the tribunal found that the parties first entered into a written agreement which was later orally modified by the parties. The Court emphasized that it could be read in the award that the appellant’s submission included a statement that the parties in connection with signing the written agreement orally agreed to adjust the agreement in the future. For this reason, in the Court’s opinion it would have been excessive to interpret the tribunal’s wording as an indication that the tribunal reached its conclusion by considering a circumstance not referenced by the parties.