Swedish Arbitration Portal: New translated court decision upholding tribunal’s dimissal
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal upheld an award dismissing an arbitration after the claimant failed to pay additional advances on costs.
The claimant challenged an award in which the tribunal dismissed the arbitration under Section 38 of the Swedish Arbitration Act without deciding the dispute on the merits. The tribunal had requested that the parties pay additional security for costs during the proceedings, and when claimant failed to pay, the case was dismissed. The Court of Appeal dismissed the challenge, noting that the tribunal ’s decision under Section 38 was not a valid ground for challenge. Compensation to arbitrators can be reviewed only by the district courts.
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.