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Stockholm Arbitration Report (SAR) - (Individual Back Volumes)
Stockholm Arbitration Report (SAR) - (Individual Back Issue)
Preview Page SAR 2004 - 2
Subject Matters:
(1) Transfer of arbitration agreement. The meaning of an “express
written consent” where the contract provides that assignment of
the agreement or any part thereof requires the consent of the
other party.
(2) Validity of an arbitration clause under which one of the parties
only had the right of choice to file its claims either before an
arbitral tribunal or before a national court, and the other party
could opt for arbitration only.
Findings:
(1) Despite the requirement of a “written consent,” it must be
possible to agree in another form. However, in the absence of a
written consent by the debtor, and as it had not been clearly
demonstrated that the debtor had been made aware of and
accepted a transfer of rights and duties by the assignor and the
assignee under the disputed agreement, the arbitration clause in
the agreement was not binding between the debtor and the
assignee.
(2) Since the Claimant had made use of the option available to both
parties under the clause—i.e, arbitration—the existence of
Claimant’s option to submit disputes to a court of law did not
invalidate the arbitration agreement.
Parties:
Claimants: 1. ABC International, assignee (Finland)
2. Alpha Corporation, assignor (Finland)
Respondents: 1. Beta & Co, debtor (Germany)
2. Mr. B (Germany)
Place of Arbitration:
Stockholm, Sweden
Language of Proceedings:
English
