New on Swedish Arbitration Portal: Svea Court of Appeal partially annulled an award
In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal partially annulled an award. The claims for annulment were based on three grounds. The Court found for the challenging party on two of those grounds, and dismissed the challenge on the third ground.
The party challenged the award, claiming (1) that there was not a valid arbitration agreement to cover all of the award, (2) the tribunal made a number of procedural errors that affected the outcome of the case and (3) the party was not provided with an opportunity to present its case. The Court of Appeal partially annulled the award finding that a procedural error that affected the outcome was made and that part of the award was not covered by a valid arbitration agreement. The Court rejected the final ground stating that the tribunal did not fail in its management of the case and did not deprive the party of presenting its case through its management of the proceedings.