Swedish Arbitration Portal: Translated court decision rejecting excess of mandate, procedural error claims
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal rejected claims that the tribunal had exceeded its mandate and committed procedural errors by procuring witness statements and accepting new evidence after the cutoff date.
The losing party in an arbitration regarding a licencing agreement argued that the tribunal had exceeded its mandate and committed procedural errors by contacting witnesses and requesting witness statements, and by accepting submission of new evidence after the cutoff date. The Court found that the tribunal had not gathered evidence on its own initiative, but rather acted to ensure that evidence referenced by a party could be heard, which was in the tribunal’s mandate. Further, the Court found that allowing submission of new evidence after the cut-off date was in line with the tribunal’s power to adjust or deviate from its prior administrative decisions regarding such submissions. The Court of Appeal thus concluded that the tribunal had not exceeded its mandate or committed any procedural error, and rejected the challenge.
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.