Decision of the Supreme Court, 3 April 1998, in Esselte vs. Swedish State Pension Fund (SAR) 1999-2
Observations by Stewart Boyd
Subject matter: Whether claims which partly were claimed in an earlier arbitration proceedings by way of setoff should be regarded res judicata in a second arbitration proceedings. The claims were dismissed in the first arbitration proceedings.
Finding: Res judicata extends to the whole of the counter claim.
Parties: Claimant: Esselte AB (Sweden) Respondent: Swedish State Pension Found, including the First, the Second and the Third Board of Directors (the AP-Fund) (Sweden)
The following is a non official translation of the Stockholm District Court, the Svea Court of Appeal and the Supreme Court’s decisions as published in Nytt Juridiskt Arkiv(NJA), 1998, p.189
A decision of an arbitral tribunal has been set aside on the grounds that the Tribunal has tried payment claims which were claimed in earlier arbitration proceedings by way of set-off when they were dismissed. It has been considered impossible to try the claim of a party to the challenge.