Swedish Arbitration Portal: Challenge of arbital award dismissed – does not violate ordre public
Svea Court of Appeal rejects the challenge claim regarding the partial award and some parts of the final award in an investment dispute.
The Claimant requested the court to declare both the Partial Award in its entirety, and parts of the Final Award invalid, and as an alternative, set aside.
The Claimant argued that the arbitral awards and the manner in which they arose were manifestly incompatible with the fundamental principles of the Swedish legal system (ordre public) as a result of irregularities by the arbitral tribunal in the course of the proceedings. It argued that the arbitral tribunal wrongfully rejected the Claimant’s motion for document production and then dismissed the case on the ground that the Claimant had not proved its case concerning the legality or illegality of the disputed actions by the host state.
The court rejected the challenge in its entirety. The court found that circumstances raised by the Claimant were not of such nature that the arbitral awards or the manner in which they arose could be considered to be manifestly incompatible with the fundamental principles of the Swedish legal system. Additionally, the court found that the Claimant had not objected to the alleged irregularities made by the arbitral tribunal during the proceedings and was consequently not allowed to invoke the circumstances as grounds for challenging the awards.
How far has automation in arbitration come? Which are the ethical concerns related to automation in this field? What is the hype about and how far have we actually come? These topics will be discussed from both a European and US perspective at the seminar hosted by the SCC and Debevoise in NYC on February 4th.
Technical innovations are developing fast in the legal industry. Digitalization of new areas and automatization solutions are becoming more and more common. Addressing the complex intersection of law and technology requires knowledge of law, technology and ethics. This is true of all areas of law, and arbitration is no exception. Take the chance to get updated and become more knowledgeable in an seminar and panel discussion between the SCC, the leading European legal-tech provider VQ AB, and a global law firm Debevoise & Plimpton.
Join us for the celebration of the release of “A Guide to the SCC Arbitration Rules” and meet the authors Jakob Ragnwaldh, Fredrik Andersson and Celeste Salinas Quero on February 4. The Guide is the first article by article commentary to the SCC Arbitration Rules for an international audience.
The much anticipated Guide provides a thorough and user-friendly guidance to proceedings under the 2017 SCC Arbitration Rules, from the filing of the request to the termination of the arbitration. The launch party provides a rare opportunity to have the Guide introduced by the authors, followed by drinks and canapés.