Sweden - Decision by the Svea Court of Appeal rendered in 2001 in case Ö 4645-99 - SAR 2002 - 2

 Preview Page SAR 2002 - 2

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