Partial Award on Jurisdiction & Final Award rendered in 2001 in SCC case 85/2000 & II. Decision by the Svea Court of Appeal rendered on 25 May 2004 in case T 1361-01 249 - SAR 2004 - 2

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Stockholm Arbitration Report (SAR) - (Individual Back Volumes)
Stockholm Arbitration Report (SAR) - (Individual Back Issue)

 Preview Page SAR 2004 - 2

I. The Arbitration
Subject-Matters:
(1) Jurisdiction of the arbitral tribunal; whether the agreement to
arbitrate can be concluded from parties conduct before a state
court.
(2) State immunity as a bar to arbitration?
(3) Issue of succession of parties.
Findings:
(1) A declaration by a party before a state court that a claim which
had been brought against it should be referred to arbitration
constituted an acceptance by that party to arbitrate.
(2) Sovereign immunity was no obstacle to arbitral jurisdiction.
(3) The seller of the assets of a company owned by it was held
responsible for the performance of the company’s obligations
since the seller took possession and disposed of the company’s
assets.
Parties: 1
Claimant: Republic of Kazakhstan
Respondent: MTR Metals Ltd. (Cyprus)
II. The Decision By the Svea Court of Appeal
Subject-Matters:
(1) Jurisdiction of the arbitral tribunal.
(2) Possible bias of the arbitral tribunal.
(3) One arbitrator excluded from the deliberations?