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Sweden
Bruno Gustafsson (Roschier Attorneys, Ltd.)
Annulment of Awards Under the Komstroy Principle in "Mixed" Investment Arbitrations: The Swedish Supreme Court Renders a Clarifying Ruling
August 07, 2025

The Court of Justice of the European Union (“CJEU”) ruled in Komstroy (C-741/19, Sept., 2021) that the dispute resolution mechanism of the 1994 Energy Charter Treaty (“ECT”) does not apply to intra-…

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Olof Olsson (Westerberg & Partners Advokatbyrå AB)
To Only Draft Within the Lines: A Subtle Skill More Difficult to Master Than One Might Think
July 22, 2024

To colour within the lines is something many of us pride ourselves to have mastered perhaps some time ago. Crossing the lines with a hasty movement may ruin an otherwise nice picture. Similarly, an…

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James Hope, Nils Ivars, Kateryna Lazarchuk (Vinge)
Last Gasps of Brexit: The CJEU Holds that the UK Breached EU Law in a Continuation of the Micula Saga
May 01, 2024

In a recent judgment dated 14 March 2024, European Commission v UK Case C-516/22, the Court of Justice of the European Union (“CJEU”) ruled that the UK failed to comply with its obligations under EU…

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Jake Lowther (SCC Arbitration Institute), Madeleine Engzell (Magnusson)
Young Arbitrators Sweden (YAS) Arbitration Day 2023 Recap: Celebrating 20 Years of Innovation and the Advantages of the Odd “Loose Cannon"
December 31, 2023

On 23 November 2023, Young Arbitrators Sweden (YAS) held its fifteenth annual Arbitration Day (Sw. skiljeförfarandedagen) at the historic Central Post Office Building (Sw. Posthuset), the home of the…

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Bruno Gustafsson (Roschier Attorneys, Ltd.)
EU Law Showing its Teeth: The Annulment of Novenergia II v Spain
March 07, 2023

The Court of Justice of the European Union (CJEU) ruled in Komstroy (C-741/19, Sept, 2021) that the dispute resolution mechanism of the 1994 Energy Charter Treaty (ECT) does not apply in intra-EU…

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Jake Lowther (SCC Arbitration Institute), Isabelle Sundström-Stridh, Mathilde Hofbauer (Hannes Snellman)
Young Arbitrators Sweden (YAS) Arbitration Day 2022 Recap: the Goose that Laid the Golden Egg
January 21, 2023

It was St Martin’s Eve on 10 November 2022, a day also known in Sweden as “Martin’s goose” (Sw. Mårtensgås). As the Swedish name suggests, the St Martin’s Eve custom involves a three-course goose…

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Jeremy Zell
Does Kibar v. Gazprom Change the Swedish Approach to Set Aside Proceedings?
December 28, 2021

On 1 December 2021, the Svea Court of Appeal in Stockholm rejected Kibar Enerji Anonim Sirketi’s request to set aside an arbitral award in a dispute with Gazprom Export LLC over contract pricing of…

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Patricia Živković (University of Aberdeen)
Back to Basics: The Law Applicable to an Arbitration Agreement under Swedish Law
September 22, 2020

In a recent judgement in the proceedings for setting aside an arbitral award, the Swedish Court of Appeal addressed issues concerning the law applicable to an arbitration agreement, the validity of…

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Jake Lowther (SCC Arbitration Institute), August Ahlin (MAGNUSSON) for YIAG
Cloaked by the Sovereign Veil: Recent Swedish Decision Applies Sovereign Immunity “Categorically”
September 10, 2020

The latest decision in the long running investment dispute saga of Stati, Ascom and others v. Kazakhstan came in June 2020, when the Svea Court of Appeal (Svea hovrätt) in Sweden annulled the Swedish…

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Patricia Živković (University of Aberdeen)
Is the Departure from a Procedural Order by an Arbitral Tribunal Considered to Be a Procedural Error?
August 18, 2020

In a recent judgement, the Swedish Supreme Court rejected an appeal against the decision of the first instance which set aside an arbitral award in part due to a procedural error of the arbitral…

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