Subject Matter: Can a decision on fees to the arbitrators made by an arbitral institution be appealed?

 

Finding: The Supreme Court found that in an arbitration where the seat is Sweden, a decision on compensation to the arbitrators made by an arbitral institution, and subsequently included in the award, can be appealed in accordance with Section 41 of the Swedish Arbitration Act. Such an action shall be brought in the District Court within three months from the date upon which the party received the award

 

Parties:

Appellant (however Respondent in the Supreme Court): Soyak International Construction & Investment Inc, Turkey

Counsel: Mr Sigvard Jarvin, Jones Day, France

Respondents (however Appellants in the Supreme Court): he arbitrators (i.e. Mr Werner Melis, Austria, Mr Kaj Hobér, Sweden, and Mr Steffen Kraus, Germany)

Counsel: Mr Henrik Bielenstein and Mr Hans Forsell, Linklaters, Sweden

 

Place of Arbitration: Sweden

 

Applicable law: The Swedish Arbitration Act

 

Applicable Arbitration Rules: SCC Arbitration Rules of 1999