Originally from International Arbitration Court Decisions - 3rd Edition

DECISION OF THE SUPREME COURT OF FINLAND, JUDGEMENT RENDERED 2 JULY 2008 IN CASE NO: S2006/716,

“WERFEN AUSTRIA GMBH V. POLAR ELECTRO EUROPE B.V., ZUG BRANCH”

Subject Matters:
Whether—by awarding damages on the basis of a legal doctrine that neither party invoked nor had an opportunity to comment on—the arbitral tribunal exceeded its authority or failed to provide the parties a sufficient opportunity to present their cases.

Findings:
The arbitral tribunal did not act improperly. The lower court decision setting aside the award is reversed.

Parties:
Appellant: Werfen Austria GmbH
Counterparty: Polar Electro Europe B.V., Zug Branch

Place of court proceedings:
Finland

Applicable law:
Finnish law (Arbitration Act)

Place of arbitration:
Finland