Subject Matters: Whether—by awarding damages on the basis of a legal doctrine that neither party invoked nor had an opportunity to comment on—the arbitral tribunal exceeded its authority or failed to provide the parties a sufficient opportunity to present their cases.

Findings: The arbitral tribunal did not act improperly. The lower court decision setting aside the award is reversed.

Parties:
Appellant: Werfen Austria GmbH
Counterparty: Polar Electro Europe B.V., Zug Branch

Place of court proceedings: Finland

Applicable law: Finnish law (Arbitration Act) 

Place of arbitration: Finland