Swedish Arbitration Portal: New translated court decision regarding post-award challenge to arbitrators
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed an application to annul an award due to two arbitrators’ lack of impartiality.
Pursuant to paragraph 5 of Section 34 of the Swedish Arbitration Act, in the event that an arbitrator is disqualified based on a ground listed in Section 8 of the Act, the arbitration award shall be wholly or partially annulled following a challenge from a party. Claimant in the arbitration challenged the arbitral award, alleging that both the chairman and the arbitrator appointed by respondent had lacked in impartiality and independence. Claimant noted that the arbitrator appointed by respondent worked at a research center that received donations from a trust belonging to the respondent’s group of companies, and had served as an expert witness on behalf of another member of the respondent’s group of companies. Claimant also challenged the impartiality of the chairperson, on the ground that he shared office space with lawyers that advised the respondent’s group of companies.
The Court of Appeal concluded that the circumstances that claimant’s challenge relied upon could not – whether separately or seen together – serve as grounds for annulment of 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.