I. The Arbitration
(1) Jurisdiction of the arbitral tribunal; whether the agreement to
arbitrate can be concluded from parties conduct before a state
(2) State immunity as a bar to arbitration?
(3) Issue of succession of parties.
(1) A declaration by a party before a state court that a claim which
had been brought against it should be referred to arbitration
constituted an acceptance by that party to arbitrate.
(2) Sovereign immunity was no obstacle to arbitral jurisdiction.
(3) The seller of the assets of a company owned by it was held
responsible for the performance of the company’s obligations
since the seller took possession and disposed of the company’s
Claimant: Republic of Kazakhstan
Respondent: MTR Metals Ltd. (Cyprus)
II. The Decision By the Svea Court of Appeal
(1) Jurisdiction of the arbitral tribunal.
(2) Possible bias of the arbitral tribunal.
(3) One arbitrator excluded from the deliberations?