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Decision by the Stockholm District Court rendered in 2004 in case A 860-04 & Decision by the Svea Court of Appeal rendered in 2004 in case OA4247-04 - SAR 2004 - 2

Author(s): 
Robin Oldenstam
Page Count: 
12 pages
Media Description: 
1 PDF Version from "Stockholm Arbitration Reporter"
Published: 
December, 2004
Jurisdictions: 
Sweden
Practice Areas: 
Arbitrators and Arbitral Tribunals,
Challenge of Arbitrators,
Independence and Impartiality,
Removal and Resignation of Arbitrators,
SCC,
UNCITRAL,
Arbitral Awards,
Arbitral Decisions

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Stockholm Arbitration Report (SAR)

Preview Page SAR 2004 - 2

Observations by Robin Oldenstam

Subject-Matter: Finality of a determination by an arbitration institution regarding a challenge of an arbitrator’s impartiality.

Finding: Under Swedish law, parties may agree that an arbitration institution’s determination regarding a challenge brought against an arbitrator for lack of impartiality, should be conclusive. Such a determination cannot be overturned by the courts, and an application for this purpose will be dismissed.

Parties:
Claimant: JSC Novokuznetsk Aluminium Plant (Russia)
Respondent: Base Metal Trading S.A. (Switzerland)

Place of Court Proceedings: Sweden

Applicable Law: The Swedish Arbitration Act 1999, in particular Sections 10 and 11

Summary
In November 2003, Base Metal Trading S.A. (“BMT”) submitted a request for arbitration to the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”) against JSC Novokuznetsk Aluminium Plant (“NKAZ”) and appointed an arbitrator.