Summary: The respondent in the arbitration challenged a separate award on costs, in which the arbitral tribunal had ordered the respondent to reimburse the claimant for the respondent’s part of the advance on costs. Respondent argued that the arbitral tribunal committed a procedural error and...
Summary: The arbitral tribunal had dismissed the arbitration under Section 38 of the Swedish Arbitration Act, without deciding the dispute on the merits, on the grounds that the claimant had failed to pay security for costs as requested by the tribunal. In the award, the tribunal also made...
Summary: Claimant challenged the arbitral award, alleging that both the chairman and the arbitrator appointed by respondent had lacked in impartiality and independence. Pursuant to paragraph 5 of Section 34 of the Swedish Arbitration Act, in the event that an arbitrator is disqualified based on...
Summary: Section 4 of the Swedish Arbitration Act provides that a court may not, upon the objection of a party, review a dispute covered by an arbitration agreement. This principle applies also to counterclaims that fall within the scope of the arbitration agreement, even where the main claim...
Summary: The Respondent to the arbitration challenged the award claiming that the award should either be annulled pursuant to section 33(2) of the Swedish Arbitration Act or alternatively set aside in full pursuant to section 34(2). The challenging party argued that the tribunal was not...
Summary: A plea for negative declaratory relief has been granted by Svea Court of Appeal in a review proceeding concerning the tribunal’s juridiction in an investment arbitration. The respondent state moved the Court of Appeal to review the judgement of the Stockholm District Court (Case No....
Summary: The respondent/counterclaimant in an arbitration regarding a licencing agreement challenged the arbitral award, arguing that the tribunal had exceeded its mandate and committed procedural errors that affected the outcome of the arbitration. More specifically, the...
Summary: The respondent, a Russian energy company, challenged a 2013 arbitral award that ordered it to pay damages to a U.S. oil company for breaches of a cooperation agreement relating to the exploitation of an oil field in Siberia. The respondent argued that the tribunal had exceeded its...
Summary: The respondent in the arbitration challenged the arbitral award under Section 34 and 34 of the Swedish Arbitration Act. The subject of the dispute was whether the respondent had breached a shareholders’ agreement between the parties. First, the respondent argued that the tribunal had...
Summary:The respondent in an arbitration moved the Court of Appeal to declare the arbitral award invalid, arguing that the parties lacked an arbitration agreement and that the award therefore violated Section 33 of the Swedish Arbitration Act. The claimant-appellee responded that the lack of an...
Summary: The claimants moved to annul the arbitration award on three grounds: (1) the arbitration agreement had ceased to apply when one of the claimants declared bankruptcy; (2) the arbitral tribunal committed procedural errors that affected the outcome of the case; and (3) the SCC’s...
Summary: In 1995, the parties signed a cooperation agreement involving the development of a natural gas field in Ukraine. The agreement was to last until 2023, but in 2007 the Ukrainian government enacted a regulation which made it impossible to produce and sell gas at a profit. The claimant...
Summary: The claimant requested that the Court annul certain items of the arbitral award because the arbitral tribunal had exceeded its mandate by going beyond the parties’ motions and by considering circumstances not referenced by the parties. More specifically, the Claimant complained that the...
Summary: The claimants requested that the Court annul certain items of the arbitral award because the arbitral tribunal had exceeded its mandate, alternatively that a procedural error occurred which likely affected the outcome of the case. The claimants argued that the arbitrator had based its...
Summary: The respondent in an ongoing arbitration challenged the arbitral tribunal’s jurisdiction based on Section 2 of the Swedish Arbitration Act. Under the Act, arbitrators may rule on their own jurisdiction, but a party may also bring a positive or negative declaratory claim before a...
Summary: The appellant sought to set aside an award issued under the ICC Rules and administered by the SCC, alleging, among others, that the arbitration clause was unenforceable. The parties had agreed to arbitrate the dispute under the ICC Rules administered by the SCC, which the appellant...
Summary: The claimant sought to annul the arbitration award alleging that the arbitrator had exceeded his mandate by basing the award on legally relevant circumstances that had not been referenced by the parties. The claimant further argued that because the arbitrator had interpreted the...
Summary: the claimant requested the annulment of the award alleging that procedural errors occurred that likely affected the outcome of the case, as the arbitrator failed to consider relevant circumstances and documentary evidence; also the arbitrator lacked independence and impartiality and...
Summary: A party sought annulment of an SCC award alleging that the award violated fundamental principles of Swedish law on the protection of property and freedom of contract, since in the award the tribunal had deviated from the conditions agreed by the parties for the transfer of ownership....
Summary:the party sought to set aside the award alleging, among other grounds, that by disregarding evidence presented by the party when interpreting the contract, the tribunal had exceeded its mandate and incurred in a procedural error, which likely affected the outcome of the case. The...