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Stockholm Arbitration Report (SAR)

Preview Page SAR 1999- 2 

Decision of the Supreme Court, 3 April 1998, in Esselte vs. Swedish State Pension Fund (SAR) 1999-2​

Observations by Stewart Boyd

 Subject matter: Whether claims which partly were claimed in an earlier arbitration proceedings by way of setoff should be regarded res judicata in a second arbitration proceedings. The claims were dismissed in the first arbitration proceedings.

Finding: Res judicata extends to the whole of the counter claim.

Parties: Claimant: Esselte AB (Sweden) Respondent: Swedish State Pension Found, including the First, the Second and the Third Board of Directors (the AP-Fund) (Sweden)

The following is a non official translation of the Stockholm District Court, the Svea Court of Appeal and the Supreme Court’s decisions as published in Nytt Juridiskt Arkiv(NJA), 1998, p.189

SUMMARY

A decision of an arbitral tribunal has been set aside on the grounds that the Tribunal has tried payment claims which were claimed in earlier arbitration proceedings by way of set-off when they were dismissed. It has been considered impossible to try the claim of a party to the challenge.