This article examines the role of Swedish courts, particularly the Svea Court of Appeal, in reviewing investment arbitration awards. Sweden has become a key hub for international commercial and investor-state arbitration. The article outlines the Swedish Arbitration Act’s provisions for challenging awards, focusing on the distinction between setting aside (Section 34) and invalidity (Section 33), and actions against awards that dismiss claims without addressing the merits. It highlights significant rulings on both extra-EU and intra-EU disputes, including Russian Federation v ALOS 34 S.L., Kazakhstan v Ascom Group S.A., and Poland v PL Holdings. The analysis of intra-EU cases, like Poland v PL Holdings and Kingdom of Spain v Novenergia II, considers how EU law developments, particularly the Achmea and Komstroy decisions, have challenged intra-EU arbitration agreements. Despite added complexity from recent rulings, Swedish courts remain supportive of arbitration and Sweden continues to be a leading arbitration hub.
ASA Bulletin