SCC Case 21/2005 - Chapter 13 - SCC Arbitral Awards: 2004-2009
Torgny Håstad, Justice of the Swedish Supreme Court, former professor of private law at Uppsala university, Sweden
Pontus Ewerlöf, Senior Associate in Advokatfirman Cederquist KB, Stockholm, Sweden (Litigation and Arbitration group)
Originally from SCC Arbitral Awards 2004-2009
XIII. SCC CASE 21/2005
(1) Has the buyer's notice of termination of a sale of goods contract governed by Swedish law been served in a timely fashion (within "a reasonable period of time")?
(2) Has the seller, who negotiated with the buyer "without prejudice", forfeited its right to object to the purported untimely notice of termination?
(3) Could the limitation of liability clause be modified with the application of Section 36 of the Swedish Act on Contracts and thereby entitle the buyer to consequential damages since the clause purportedly was unfair?
(4) Could the Court of Appeal set aside the award on the basis that the objection to the purported untimely notice of termination was raised against the seller's better judgment?
Observations by Torgny Håstad
Observations by Pontus Ewerlöf