Originally from:
International Arbitration Court Decisions - 3rd Edition - Looseleaf
International Arbitration Court Decisions - 3rd Edition - Electronic
DECISION BY THE SVEA COURT OF APPEAL
RENDERED IN 2001 IN CASE Ö 4645-99
Subject-Matters:
(1) Recognition and enforcement of a foreign arbitral award; law applicable
to the legal form of the arbitration agreement
(2) Enforcement of a declaratory judgment regarding the costs of the
arbitration.
Findings:
(1) Where a party contests that the parties have entered into an arbitration
agreement the other party must show that there is a valid and binding
arbitration agreement between the parties. This question should be
determined, in accordance with sections 48 and 54 of the Swedish
Arbitration Act and article V, paragraph 1 (a) of the New York Convention,
by the law of the country where the award was rendered (France).
(2) A declaratory judgment regarding the unspecified costs of the procedure
was found to be unenforceable.
Parties:
Claimant: Planavergne S.A. (France)
Respondent: Kalle Bergander i Stockholm AB (Sweden)
Place of Court Proceedings:
Sweden
Applicable Law:
The Swedish Arbitration Act of 1999
Excerpts below follow an unofficial translation of the proceedings in the Svea
Court of Appeal.
Summary
I. THE ARBITRATION
On 31 May 1996 a broker ordered from Planavergne S.A. (“Planavergne”) a
certain quantity of apples, Golden category I, at a rate of 75 FRF to be sent to
Kalle Bergander i Stockholm AB (“Bergander”). The day after Planavergne
confirmed the order and sent an invoice to Bergander. The goods were delivered
in Stockholm on 2 June 1996 and unloaded the next day.
Bergander filed a complaint to the broker on 5 June 1996 claiming that only 50%
of the apples delivered were of category I and that the rest were of category II.
SWEDEN
Planavergne S.A. v. Kalle Bergander i Stockholm AB, Decision
by the Svea Court of Appeal, Stockholm, rendered in 2001 in
case Ö 4645-99
SUBJECT-MATTERS:
(1) Recognition and enforcement of a foreign arbitral award; law
applicable to the legal form of the arbitration agreement.
(2) Enforcement of a declaratory judgment regarding the costs of the
arbitration.
Observations by Lars Edlund
