STOCKHOLM INTERNATIONAL ARBITRATION REVIEW Volume 2007:1

TABLE OF CONTENTS

 

EDITORIAL

Sigvard Jarvin, General Editor  

 

ARTICLES

Denial of Jurisdiction: Form, Consequences and Review Under the Model Law, National Arbitration Laws and Case Law           

            Polina Permyakova      

 

Lis Pendens in International Arbitration – The Newly Adopted Swiss Approach           

            Manuel Arroyo

 

INVESTMENT DISPUTES

Investment Treaty Arbitration: Mapping the Non-ICSID Universe        

            Luke Eric Peterson

 

 

COURT DECISIONS ON ARBITRATION

England

Decision by the English Court of Appeal, Civil Division in 2006 in case no. B6/2005/2737 (Svenska Petroleum Exploration AB v. Government of the Republic of

Lithuania and AB Geonafta)     

 

Subject Matters:

 

(1)        Where a foreign state, which had agreed in writing to submit a dispute to arbitration within s.9(1) of the English State Immunity Act 1978, could claim immunity in respect of English proceedings under s.101(2) of the Arbitration Act 1996 to enforce a foreign arbitration award.

(2)        Contract interpretation under Lithuanian law.

(3)        Whether a party that does not challenge an arbitral award at the place of arbitration within a reasonable time will be precluded from attacking the award later at the place of enforcement of the award.

 

Observations by Per Runeland and Julia Zagonek         

Observations by William McKechnie   

 

European Court of Justice

Judgment of the European Court of Justice (First Chamber) rendered in 2006 in case C-168/05 (The Mostaza Claro case)            3

 

Subject Matter:

Whether a failure to raise the unfair nature of a term during arbitration proceedings precludes the possibility to raise that objection in the context of an action brought against the arbitration award.

Observations by Roman Jordans          

 

 

Finland

 

Decision of the Finnish Supreme Court rendered in 2005 (case KKO 2005:14)

 

Subject Matter: Liability in damages of an arbitrator

 

Observations by Matti S. Kurkela        

Sweden

 

Judgment by the Svea Court of Appeal, Stockholm, Sweden, on 7 December 2006, in case no. T 5044-04 (The Rapla Invest v TNK Trade case)       

 

Subject Matters:

 

(1)        Failure by the arbitral tribunal to apply legal rules or principles -jura novit curia in Swedish arbitration.

(2)        Failure by the arbitral tribunal to examine an invoked ground.

(3)        Disqualification of an arbitrator due to previous connection with a party.

 

Observations by Martin Wallin and Katarina Mild        

 

ARBITRAL AWARDS

Final Arbitral Award, rendered in 2006 in SCC case 7/2005     155

 

Subject Matters:

 

(1)        Jurisdiction under an arbitration clause not expressly referring to the SCC Institute

(2)        Failure of respondent to appear (procedural default)

(3)        Applicable substantive law

(4)        No oral hearing

(5)        Application sua sponte (ex officio) of contractual penalty provisions to claimant’s potential detriment

(6)        Recovery of arbitration costs when claim partly withdrawn

 

Observations by Patrik Schöldström    

Arbitral Award rendered in SCC case 21/2005 in 2005 and Judgment by the Svea Court of Appeal in case no. T2265-06           

 

Subject Matters:

 

(1)                    Has the buyer’s notice of termination of a sale of  goods contract governed by Swedish law been served in a timely fashion (within “a reasonable period of time”)?

(2)                    Has the seller, who negotiated with the buyer “without prejudice”, forfeited its right to object to the  purported untimely notice of termination?

(3)                    Could the limitation of liability clause be modified           with the application of Section 36 of the Swedish Act on Contracts and thereby entitle the buyer to consequential damages since the clause purportedly was unfair?

(4)                    Could the Court of Appeal set aside the award on the basis that the objection to the purported untimely notice of termination was raised against the seller’s better judgment?

 

Observations by Torgny Håstad           

Observations by Pontus Ewerlöf          

 

Final Award rendered in 2006 in SCC Expedited Arbitration 053/2005

 

Subject Matter:

 

The law applicable to determining the jurisdiction of the Arbitral Tribunal when Respondent in liquidation invokes non-arbitrability inter alia under its national legislation.

 

Observations by Carita Wallgren, Helle Lindegaard and Per Franke     

Observations by Eric M. Runesson      

 

DOCUMENTS

 

ILA Recommendations on Lis Pendens and Res Judicata and Arbitration          

 

 

NOTES & INFORMATION

Ukraine Establishes a Commission for Pre-Trial Settlement of Investment Disputes – Markiyan Kliuchkovskyi and Olga Glukhovska     

 

The 1958 New York Convention – List of Contracting States (June 2007)       

 

BOOK REVIEW – Gordon Blanke

The Use and Utility of International Arbitration in EC Commission Merger Remedies    

 

BOOK REVIEW – Paul Griffin, Consulting Editor

Liquefied Natural Gas: The Law and Business of LNG

 

 

LIST OF BOOKS RECEIVED