Swedish Arbitration Portal: The Supreme Court rejects invalidity claim based on EU law
In a decision recently published on the Swedish Arbitration Portal, the Supreme Court affirmed a decision of the Svea Court of Appeal, which had rejected an appellant's application to declare an arbitral award invalid on the basis that it violated public policy.
In the arbitral award, the tribunal had found the appellant in breach of EU competition law and ordered it to pay damages. The appellant argued before the Court of Appeal that the award should be declared invalid because the tribunal had misinterpreted EU competition law, which constitutes public policy under the so-called Eco Swiss doctrine.
The Supreme Court concluded that the tribunal’s award was not contrary to the mandatory EU competition rules, and found that it was not necessary to request a preliminary judgment from the ECJ to guide its review of the matter. The Court also rejected the other grounds on which the appellant sought to challenge the award.
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.