COURT DECISIONS ON ARBITRATION SUPREME COURT OF SWEDEN DECISION IN CASE NO: Ö 13-09 ON APRIL 16, 2010
Subject-matters: Application seeking recognition and enforcement of a foreign award. Service of a request for arbitration at an address mentioned in the parties’ contract but which was no longer valid at the time of service. Respondent not otherwise notified of the arbitration proceedings’ existence. Whether respondent was duly notified of arbitration proceedings’ existence within the meaning of Section 54 Subsection 2 of the Swedish Arbitration Act.
Findings: Recognition and enforcement of the award are denied. The fact that the claimant in the arbitration served its request for arbitration at the respondent’s address as indicated in the parties’ contract is not sufficient to fulfil the requirement of proper notice of arbitration proceedings set out in Section 54 Subsection 2 of the Swedish Arbitration Act. The evidence established that this address was no longer valid and that the respondent had never actually become aware of the arbitration proceedings’ existence. The respondent only needs to raise a “considerable doubt” as to whether it has received notice of the arbitration proceedings to successfully defend an application seeking the recognition and enforcement of a foreign award.
Applicant: Lenmorniiproekt, OAO
Respondent: Arne Larsson & Partner Leasing AB
Place of court proceedings: Sweden
Applicable law: Swedish Arbitration Act (SFS 1999:116)