Swedish Arbitration Portal: Limited scope of review of tribunal’s jurisdiction
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal explained the limited scope of a challenge to the arbitral tribunal’s jurisdiction during an ongoing arbitration.
The respondent in an ongoing arbitration brought a motion based on Section 2 of the Swedish Arbitration Act, challenging the tribunal’s jurisdiction on several alternative grounds – including that the arbitration proceedings violated fundamental principles of Swedish law and that certain agreed conditions had not been met.
The Court rejected the motion, and explained the limited scope of court review in relation to ongoing arbitrations. A positive or negative declaratory claim seeking to affirm or challenge the tribunal’s jurisdiction in an ongoing arbitration cannot be based on any grounds other than the validity or applicability of the arbitration agreement.
The Supreme Court has granted leave to appeal.
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.