Originally from International Arbitration Court Decisions - 3rd Edition

DECISION OF THE SVEA COURT OF APPEAL RENDERED IN 2001 IN CASE Ö 4859 – 00

Subject-Matter:
(1) Recognition and enforcement of a foreign arbitral award.
(2) Allocation of costs as between the parties in the enforcement proceedings.

Findings:
(1) Where a party holds that the award shall not be recognised and enforced in Sweden pursuant to Section 54, subsection 3 of the Swedish Arbitration Act (1999), the Court of Appeal is not competent to try such claim if the foundations for the claim in effect require the court to go into the subject matter of the dispute.

(2) A request to the effect that a losing party shall reimburse costs incurred in a court proceeding for the recognition and enforcement of an arbitral award, cannot be satisfied by the Court of Appeal, as the matter of allocation of costs as between the parties in these proceedings are not specifically regulated in the Arbitration Act (1999) and no ground exists for applying any other procedural law by analogy.

Parties:
Claimant: American Pacific Corporation (USA)
Respondents: Sydsvensk Produktutveckling AB in bankruptcy (Sweden), and
Mr. Jan Andersson (Sweden)

Place of Court Proceedings:
Sweden

Applicable Law:
The Swedish Arbitration Act of 1999