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Stockholm Arbitration Report (SAR)

Preview Page SAR 1999- 2 

Decision of the Svea Court of Appeal, 23 December 1997 in Fagep vs. VIO Stankoimport

Observations by Gustaf Moller

Findings:

(1) An arbitral award is not void pursuant to section 20, 1st subs. of the Swedish Arbitration Act 1929 (no valid arbitration agreement).

(2) An arbitral award is not void pursuant to section 20, 2nd subs. of the Act, (absence of arbitrator's signature on the award).

(3) The award should not be set aside pursuant to section 21, 1st subs., point 1 of the Act (award given after the expiration of the period laid down).

(4) A party was considered as having waived an irregularity of the proceedings according to section 21, 2nd subs. of the Act .

SUMMARY

On the last day of the time period stipulated for the rendering of an award, the Award was signed by two arbitrators whereas award pages signed by the third arbitrator were in the post on their way to the Chairman of the Arbitral Tribunal. The Chairman informed the parties the same day and dispatched the Award signed by him and the second arbitrator. The pages with the third arbitrator's signature arrived two days later and was then dispatched to the parties by the Chairman of the Arbitral Tribunal.