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Stockholm Arbitration Report (SAR) - (Individual Back Volumes)
Stockholm Arbitration Report (SAR) - (Individual Back Issue)
Preview Page SAR 2004 - 1
INTRODUCTION
In the following, two separate decisions by the Stockholm District Court
are presented, concerning the parties’ ability to dispose of the validity of an
arbitral award and whether in setting aside proceedings before a court, the
court can set aside an arbitral award by default judgment without hearing
the case on the merits.
The decisions are commented jointly in observations by Carita Wallgren
and Gisela Knuts of Roschier Holmberg, Finland.
Sigvard Jarvin
General Editor
(1) Judgment by the Stockholm District Court, Rendered in 25
April 2003, in Case T 7898-00
SUBJECT MATTER:
Whether parties can dispose of the validity of the arbitral award.
FINDING:
A settlement agreement between the parties in which an arbitral award
was agreed to be invalid was confirmed by the District Court in the form of
a confirmed judgment.
PARTIES:
Claimant: Open Joint Stock Company “Yukos Oil Company” (Moscow,
Russian Federation)
Respondent: Petro Alliance Services Company Ltd (Houston, Texas,
USA)
PLACE OF COURT PROCEEDINGS:
Sweden
APPLICABLE LAW:
The Swedish Arbitration Act of 1929