DECISION OF THE SWEDISH SUPREME COURT, JUDGMENT RENDERED 28 MARCH 2008 IN CASE NO. T 2113-06, “THE PETROBART CASE”
Observations by Erik Karlsson
Subject Matters: Challenge of an arbitral award terminating the arbitration for lack of jurisdiction. The scope of application of the so-called “doctrine of assertion” in arbitration.
Findings: The arbitral tribunal should have applied the doctrine of assertion when deciding whether it had jurisdiction under the arbitration clause contained in the Foreign Investment Law of the Kyrgyz Republic. The award should be set aside since the tribunal did not apply the doctrine of assertion.
Claimant: Petrobart Ltd (Gibraltar).
Respondent: The Kyrgyz Republic.
For Claimant: Mr Johan Sidklev and Mr Fred Wennerholm, Swedish attorneys at law.
For Respondent: Mr Martin Karlsson and Mr Michael Mohammar, Swedish attorneys at law.