Preview Page SAR 2002 - 2

Subject-matters:
(1) Recognition and enforcement of a foreign arbitral award; law applicable to the legal form of the arbitration agreement
(2) Enforcement of a declaratory judgment regarding the costs of the arbitration.

Findings:
(1) Where a party contests that the parties have entered into an arbitration agreement the other party must show that there is a valid and binding arbitration agreement between the parties. This question should be determined, in accordance with sections 48 and 54 of the Swedish Arbitration Act and article V, paragraph 1 (a) of the New York Convention, by the law of the country where the award was rendered (France).
(2) A declaratory judgment regarding the unspecified costs of the procedure was found to be unenforceable.

Parties:
Claimant: Planavergne S.A. (France)
Respondent: Kalle Bergander i Stockholm AB (Sweden)

Place of court proceedings: Sweden

Applicable law: The Swedish Arbitration Act of 1999

Excerpts below follow an unofficial translation of the proceedings in the Svea Court of Appeal.