New on Swedish Arbitration Portal: Svea Court of Appeal dismisses claims that tribunal exceeded mandate
In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party’s challenge to the arbitral award, finding that the tribunal had not exceeded its mandate.
The party challenged several parts of the award, claiming that the tribunal had exceeded its mandate by basing its decision on circumstances not referenced by the parties. The party further claimed that it had been deprived of the opportunity to argue its case. The Court of Appeal dismissed the challenge in its entirety, finding that the challenging party had failed to provide sufficient evidence to establish that the tribunal had exceeded its mandate. According to the award, the contested circumstances were referenced in the arbitration and were known within the arbitration proceedings, and the Court must rely on what is in the award in relation to the parties claims.
Read the decision here: Case No. T 6335-16.
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