Subject-Matter: Finality of a determination by an arbitration institution regarding a challenge of an arbitrator’s impartiality.
Finding: Under Swedish law, parties may agree that an arbitration institution’s determination regarding a challenge brought against an arbitrator for lack of impartiality, should be conclusive. Such a determination cannot be overturned by the courts, and an application for this purpose will be dismissed.
Claimant: JSC Novokuznetsk Aluminium Plant (Russia)
Respondent: Base Metal Trading S.A. (Switzerland)
Place of Court Proceedings: Sweden
Applicable Law: The Swedish Arbitration Act 1999, in particular Sections 10 and 11
In November 2003, Base Metal Trading S.A. (“BMT”) submitted a request for arbitration to the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”) against JSC Novokuznetsk Aluminium Plant (“NKAZ”) and appointed an arbitrator.