New on Swedish Arbitration Portal: Svea Court of Appeal dismisses claims that tribunal exceeded mandate
In a decision recently published on the 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 by basing its decision on circumstances not referenced by the parties.
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. The Court distinguished. between legal and evidentiary facts. The Court found that the circumstances referenced by the challenging party were evidentiary facts and not legal facts and therefore the tribunal was not obliged to inform the parties that it intended to take those facts into account in its decision. Therefore no procedural error occurred and the challenge was dismissed.