Preview Page SAR 2001 - 1
Subject-matter:
(1) Recognition and enforcement of a foreign arbitral award.
(2) Allocation of costs as between the parties in the enforcement proceedings.
Findings:
(1) Where a party holds that the award shall not be recognised and enforced
in Sweden pursuant to Section 54, subsection 3 of the Swedish Arbitration
Act (1999), the Court of Appeal is not competent to try such claim if the
foundations for the claim in effect require the court to go into the subject
matter of the dispute.
[(2) A request to the effect that a losing party shall reimburse costs incurred
in a court proceeding for the recognition and enforcement of an arbitral
award, cannot be satisfied by the Court of Appeal, as the matter of allocation
of costs as between the parties in these proceedings are not specifically
regulated in the Arbitration Act (1999) and no ground exists for applying
any other procedural law by analogy.1]
Parties:
Claimant: American Pacific Corporation (USA)
Respondents: Sydsvensk Produktutveckling AB in bankruptcy (Sweden),
and
Mr. Jan Andersson (Sweden)
Place of court proceedings:
Sweden
Applicable law:
The Swedish Arbitration Act of 1999
