Swedish Arbitration Portal updated with two new decisions
The Swedish Arbitration Portal has been updated with two new decisions. In a judgment of November 2014, the Svea Court of Appeal rejected the challenge to an SCC award on public policy grounds.
The Svea Court reinforced its view that awards can be set aside for violation of public policy only in highly appalling cases, such as when the award orders a person to act illegally, disregards mandatory rules which are in protection of third parties or the public interest, or when the award entails an application of the law leading to unreasonable results.
In a decision from September 2014, the Göta Court of Appeal reversed a decision of the Kalmar District Court and found that the parties were not bound by an arbitration clause, as it was not established that the agreement had been signed by both parties, and the oral evidence neither established that the parties would have applied the agreement in such manner so as to render it binding between them, regardless of the lack of signature.
The Swedish Arbitration Portal provides free access to English translations of Swedish court decisions on arbitration issues.