Närliggande

4.Moreover, in case NJA 2008 s. 406 where the Supreme Court applied the doctrine of assertion it held that the tribunal’s failure to apply the doctrine of assertion constituted per se such a serious procedural error that the award should be set aside solely on this ground. Hence, the Supreme Court did not find it necessary to determine whether the tribunal did in fact have jurisdiction and that its failure to apply the doctrine of assertion had led to an incorrect determination. Nor, it seems, did the Supreme Court determine that the prerequisites for applying the doctrine of connection as developed by the Supreme Court in NJA 1973 s. 620, NJA 2007 s. 475 and NJA 2008 s. 120 were not at hand, rather it stated generally that pursuant to Swedish arbitration law, the arbitrators’ jurisdiction was to be determined on the basis of the doctrine of assertion.s. 663