Svenskt rättsskipningsintresse1 hänvisning
Rättsfall
NJA 2010 s. 508
RättskälldiskussionÖppna i bibliografi
Citera
NJA 2010 s. 508
BibTeX
@misc{nja-2010-s-508,
author = {{Högsta domstolen}},
title = {{NJA 2010 s. 508}},
year = {2010},
howpublished = {Rättsfall}
}Dom
Hämtar dom…
Omtalad i rättsvetenskapen
4 hänvisningar i 3 artiklar · 4 stycken/fotnoter
Kompetenz-Kompetenz in Swedish Arbitration Law is being recast, how should it be done?2 hänvisningar
- See the Supreme Court in cases NJA 2010 s. 508 and NJA 2016 s. 264. See also, for instance, the judgment by Svea Court of Appeal dated 5 September 2013 in the case T 10060-10 regarding challenge of an arbitration award. The District Court had determined in a default judgment, which had gained legal force, that the arbitration agreement between the parties did not confer jurisdiction on the arbitral tribunal to settle the dispute. As a result, the Court of Appeal held that the award was not covered by a valid arbitration agreement and set aside the award under Section 34(1) of the Arbitration Act.
- In NJA 2010 s. 508, the Supreme Court held that as a rule, uncertainty regarding the legal relationship is demonstrated already by the fact that the parties disagree on the scope of the arbitrators’ jurisdiction. If the jurisdiction issue is not resolved before the arbitral proceedings have been concluded and the costs have accumulated, this may prove to be detrimental. Therefore, according to the Supreme Court, it could be argued that an action concerning lack of jurisdiction in a particular dispute under Section 2 of the Arbitration Act is appropriate and admissible if the case cannot be expected to be finally adjudicated at a time which, for instance, will result in significant cost savings in the arbitral proceedings. The Supreme Court concluded on the basis hereof that a party should be entitled to initiate an action under Section 2 of the Arbitration Act concerning the arbitrators’ jurisdiction prior to the issuance of an arbitral award, at least in situations where the award may not reasonably be expected in the near future.