Swedish Arbitration Portal: Court of Appeal rejects challenge in gas dispute
In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal rejected a challenge alleging that the arbitrators had committed procedural errors and exceeded their mandate.
The appellant claimed that the tribunal’s procedural errors and excess of mandate had affected the outcome of the proceedings. The court found that the tribunal had acted within its mandate, and that the claimed errors were not, in fact, errors. For instance, the Court noted that a tribunal may disallow the submission of further evidence once it has declared the proceedings closed, and that assumptions used by both parties’ expert witnesses do not amount to a joint instruction to use those assumptions in the calculation of damages. The Court also stated that tribunal’s calculation of damages relates to the merits of the case and is not subject to challenge.
One more decision was recently published on the portal in Swedish and English:
The Swedish Arbitration Portal is facilitated by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC). The project’s mission is to increase transparency in arbitration by making Swedish case law more accessible to the international community.