JUDGMENT BY THE SWEDISH SUPREME COURT IN CASE NO. T 2448-06, RENDERED IN NOVEMBER 2007
“The Lind case”
Subject Matter: Disqualification of arbitrator for appearance of lack of impartiality/independence.
Findings: The assessment of circumstances potentially jeopardizing the arbitrator’s impartiality shall be made objectively and shall not focus on the risk that the arbitrator would be influenced by the client relationship between one of the parties in the arbitration and the law firm at which the arbitrator is employed.
At least when the relationship between the law firm and the client is commercially important to the law firm, the bond of interest and loyalty between the law firm’s lawyers and the client is a circumstance that can call into question the impartiality of an arbitrator employed by the law firm when the client is a party in the arbitration.
Parties: Claimant: Anders Jilkén (“A J”) Respondent: Ericsson AB
Counsel: Claimant: Jonas Benedictsson and Anders Isgren, Baker & McKenzie Advokatbyrå AB, Stockholm, Sweden Respondent: Anders Weihe, Teknikföretagen, Stockholm, Sweden
Applicable Law: The Swedish Arbitration Act
Place of Court Proceedings: Stockholm, Sweden
Seat of Arbitral Proceedings: Stockholm, Sweden
Table of Contents:
Anders Jilken ("A J") v. Ericsson AB, Judgment by the Swedish Supreme Court rendered in November 2007 in Case No. T 2448-06 ("The Lind case")
SUBJECT-MATTER: Disqualification of arbitrator for appearance of lack of impartiality/independence.
Observations by John Fellas Observations by Patrik Schöldström