Swedish Arbitration Portal: Supreme Court decision on the scope of jurisdictional review
In a decision recently posted on the Swedish Arbitration Portal, the Supreme Court held that a court’s mandate under Section 2 of the Swedish Arbitration Act to review a tribunal’s jurisdiction is not limited to the issue of whether the parties are bound by an arbitration agreement.
Under section 2 of the Swedish Arbitration Act, public courts may review the jurisdiction of a tribunal in an ongoing arbitration. The Court of Appeal had held that such review is limited to the existence of a valid and applicable arbitration agreement. The Supreme Court reversed the Court of Appeal, holding that Section 2 should be interpreted so that the scope of the court’s jurisdictional review is commensurate with that of the arbitral tribunal itself. In other words, the court’s mandate to review a tribunal’s jurisdiction in an ongoing arbitration covers all jurisdictional issues, and is not limited to the issue of whether the parties are bound by an arbitration agreement.
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.