Recourse against a party which has not complied with a request for
advance payment of the arbitration tribunal’s costs.
A party to an ongoing arbitration proceeding that has provided the entire
advance payment of the tribunal’s cost does not have a right to recourse
against the other party for such payment, unless an obligation for the
parties to pay an advance on costs has been specifically included in the
3S Swedish Special Supplier AB (“3S”) (Sweden)
Sky Park AB (“Sky Park“) (Sweden)
Place of arbitration:
Place of court procedures:
The Swedish Arbitration Act of 1929
Excerpts below follow an unofficial translation of the proceedings in the
Stockholm District Court, The Svea Court of Appeal and the Supreme
Court of Sweden.
The case was reported in Nytt Juridiskt Arkiv (NJA) 2000, p. 773.
The parties had entered into a Retail Distribution Contract which included
an arbitration clause when a dispute relating to the contract arose, and 3S
initiated arbitration against Sky Park.