Swedish Arbitration Portal: Supreme Court on notice requirements and enforceability of arbitral awards
In a decision recently posted on the Swedish Arbitration Portal, the Swedish Supreme Court held that an arbitration award rendered by the International Centre for Dispute Resolution in New York could be enforced in Sweden, even though the respondent had not participated in the proceedings.
The lower court had found the award unenforceable because the respondent had not received notice of the arbitration. Before the Supreme Court, the claimant submitted new evidence showing that notice had been sent to an email address that contained the respondent’s name. The respondent claimed he did not use e-mail, but claimant’s evidence showed he had used the account to which notice of the arbitration had been sent. Based on the new evidence, the Supreme Court reversed the lower court’s decision and declared that the arbitration award may be enforced as a final and binding judgment.
Two more decisions were 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.