Svea Court of Appeal set aside two arbitration awards
Svea Court of Appeal has within a month (November 2022) set aside two arbitration awards (case no. T 1356-18 and T 3623-21), which is very uncommon in Sweden. In summary, Svea Court of Appeal assessed in case no. T 1356-18 that the arbitral tribunal had exceeded its assignment by granting the applicant an award beyond the claim, without applying circumstances not claimed by either party in the proceeding and by not examining all claims by the parties. The arbitral tribunal’s exceedance was substantial to the extent it could not be excluded that it had affected the outcome of the case whereby the court reversed the award in selected parts. Furthermore, in case no. T 3623-21 Svea Court of Appeal set aside the arbitral award in its entirety after having concluded that the arbitral tribunal in said arbitration had exceeded its assignment to the extent that the award did not reflect the claimant’s claim.
It is very uncommon that arbitral awards are set aside in Sweden. If so, it is most likely due to the arbitral tribunal exceeding its assignment as described by the cases referred to above and the cases will be relevant when challenging an award in Sweden. As long as the arbitral tribunal accurately refers to each party’s cause of action, it is very difficult to challenge an arbitral award and thus has an arbitral award reversed. For further information, please read our article on the subject, Svea court of Appeal judgements November 2022 .