Swedish Arbitration Portal: Svea Court of Appeal on the principle of jura novit curia
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal noted that an arbitrator’s interpretation of an agreement is not limited by the parties’ legal arguments. Rather, pursuant to the principle of jura novit curia, the arbitrator must apply the law even if it has not been referenced by a party.
One of the parties to the arbitration had sought to set aside the award, alleging that the arbitrator had exceeded his mandate by basing the award on circumstances that had not been referenced by the parties in the arbitration, and by interpreting the parties’ agreement without being instructed to do so.
The Court held that interpreting the parties’ agreement fell well within the scope of the arbitrator’s mandate to resolve the dispute between the parties.
Three 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.