New on Swedish Arbitration Portal: Challenge dismissed on grounds of late objections
In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party’s challenge to the arbitral award, finding that the party was precluded from challenging award on several ground, and had failed to establish that the tribunal had been partial.
The party challenged the award on a multiple grounds, including that the tribunal had based its decision on circumstances not referenced by the parties, made certain investigations on its own motion, and erroneously rejected the party’s request for disclosure. The challenging party also maintained that certain statements and acts made by members of the tribunal indicated they had failed to act with impartiality in the arbitration. The Court of Appeal dismissed the challenge in its entirety, finding that the challenging party had failed to raise timely objections during the proceeding – thereby waiving its right to challenge the award on those grounds – and failed to establish the veracity of its other allegations. The court also emphasized that the tribunal’s decisions relating to the merits of the case, whether correct or not, could not result in the award being set aside.
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.