Närliggande

2.However, despite the more lenient contract law principle, the main rule on automatic transfer of arbitration agreements together with a right only contains an important caveat. Since Emja it has been argued that arbitration agreements bind the transferee (C) and the remaining party (A) — unless “special circumstances” apply. Thus, it has been said that Swedish law “adopts a middle position” on this point, and in the following the article will therefore elaborate on what that middle position entails for the remaining party (A). 4.1 Case law before Electrolux As described under sections 1 and 2 above, Emja remains the only Supreme Court decision on singular succession and arbitration agreements. To the author’s knowledge, the only other case-law available that touches on the subject is NJA 2000 s. 538 (Bulbank), where one of the issues in dispute before the District Court was the remaining party’s (A) duty to arbitrate with the transferee (C) of a right, and the published award Aplha S.p A. ./. Beta Co Ltd.s. 639