Summary
Under Swedish arbitration law, most instances when domestic courts interact with international arbitration matters are handled at the Court of Appeal level. Therefore, the bulk of international arbitration related jurisprudence comes out of those courts, primarily the Svea Court of Appeal in Stockholm. However, a number of arbitration-related issues end up in the Swedish Supreme Court, most often at the post-award stage.
This contribution discusses selected aspects of this caseload. After introducing the general jurisdiction of the Supreme Court, two recent cases from set-aside proceedings are discussed: the Belgor judgement and the Ciclomulsion judgement.
The text also examines the Supreme Court’s role in investment treaty arbitration. Due to the fact that Stockholm is a frequent legal seat also for such disputes, Swedish courts are regularly asked to rule on issues in treaty-based cases. While the bulk of this experience is in the Svea Court of Appeal, the Supreme Court currently has a much-publicised set-aside proceeding on its docket – the challenge against the PL Holdings v. Poland award potentially raises fundamental issues of the relationship between EU law and international investment law, which might now have to be solved by the Swedish Supreme Court.
b-Arbitra | Belgian Review of Arbitration