Originally from International Arbitration Court Decisions - 3rd Edition

DECISION OF THE SVEA COURT OF APPEAL, JUDGMENT RENDERED 25 SEPTEMBER 2006 IN CASE NO. Ö 1952-05 (“The Soyak Case”)

Subject Matter:
Can a decision on fees to the arbitrators made by an arbitral institution be appealed?

Finding:
The Supreme Court found that in an arbitration where the seat is Sweden, a decision on compensation to the arbitrators made by an arbitral institution, and subsequently included in the award, can be appealed in accordance with Section 41 of the Swedish Arbitration Act. Such an action shall be brought in the District Court within three months from the date upon which the party received the award

Parties:
Appellant (however Respondent in the Supreme Court): Soyak International
Construction & Investment Inc, Turkey
Counsel: Mr Sigvard Jarvin, Jones Day, France
Respondents (however Appellants in the Supreme Court): he arbitrators (i.e. Mr Werner Melis, Austria, Mr Kaj Hobér, Sweden, and Mr Steffen Kraus, Germany)
Counsel: Mr Henrik Bielenstein and Mr Hans Forsell, Linklaters, Sweden

Place of Arbitration:
Sweden

Applicable law:
The Swedish Arbitration Act

Applicable Arbitration Rules:
SCC Arbitration Rules of 1999
Ruling under Appeal
Stockholm City Court, decision of 18 February 2005 in case no T 14504-03, see annex A