Närliggande

1.However, pursuant to the case law of the Swedish Supreme court, there are important restrictions to observe when applying the standard of full review. The Supreme Court has in three cases, i.e. NJA 2008 s. 406, NJA 2010 s. 734 and NJA 2012 s. 183 considered what the court refers to as the doctrine of assertion. The doctrine, somewhat simplified, provides that an arbitration agreement applies to a dispute insofar as the claimant asserts that his claim is based on a legal relationship covered by an arbitration agreement. This implies that only the claimant’s assertions with regard to the dispute will be taken into account when determining whether a dispute under the arbitration agreement exists (and not the respondent’s). Further, if the facts that the claimant bases his claim on is a fact of relevance also with respect to the jurisdiction of the tribunal, such facts are to be accepted by the tribunal without a meritorious review when determining the jurisdictional matter (it may however cause the tribunal to dismiss the claim in connection with the decision on the substantive issue). In an explanatory opinion added to the Supreme Court’s decision in NJA 2008 s. 406, the Reporting Justice in the case explained that the doctrine had the benefit of reserving the decision on the substantive matter solely for the tribunal without any court interference.s. 660