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Judgment in the Svea Court of Appeal, 10 February 2017. Case No T 5937-12

Judgment in the Svea Court of Appeal, 10 February 2017. Case No T 5937-12_Swedish.pdf
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Judgment in the Svea Court of Appeal, 10 February 2017. Case No T 5937-12_English.pdf
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Metadata

Date of decision

Court

Svea Court of Appeal

Case No.

T 5937-12

Subject Matter

Section 34 of the Swedish Arbitration Act, arbitrator independence and impartiality, procedural error, excess of mandate

Summary

A party challenged the arbitration award under item 2 of Section 34 of the Swedish Arbitration Act. The party argued that the tribunal committed procedural errors and exceeded its mandate by (1) failing to be impartial in relation to the parties, (2) basing its decision on circumstances not referenced by the parties, (3) making investigations on its own motion, (4) failing to consider undisputed circumstances, (5) failing to review grounds plead by the party, (6) failing to review the grounds for compensation of the party’s litigation costs, (7) failing to review the dispute pursuant to the governing law, and (8) erroneously rejecting the party’s request for disclosure. The Court of Appeal dismissed the challenge in its entirety. The Court found that the challenging party, having failed to raise timely objections during the proceeding, had waived its right to challenge its award based on grounds (2), (3) and (8). The Court rejected the remaining grounds on the basis that the challenging party had failed to establish their veracity.