Subject-matters: Whether the Arbitral Tribunal took a decision based on circumstances that had not been invoked by the parties and, consequently, the Arbitral Tribunal has exceeded its mandate (Section 34, first paragraph, subsection (2) of the Swedish Arbitration Act).

 

Findings: The court found that the Arbitral Tribunal based its decision on a claim which was never made by V&S and that the Arbitral Tribunal exceeded its mandate in doing so. The court also found that that it cannot be ruled out that the error has influenced the outcome why the arbitral award shall be set aside.

 

Parties:

Appellant: Systembolaget AB

Respondent: V&S Vin & Sprit AB

 

Place of court proceedings: Stockholm, Sweden

 

Applicable law: Swedish law