May procedural statements made by arbitrators or parties be ineffective due to lack of clarity?
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BibTeX
@article{svjt-2017-416,
author = {Lars Heuman},
title = {{May procedural statements made by arbitrators or parties be ineffective due to lack of clarity?}},
journal = {Svensk Juristtidning},
year = {2017},
pages = {416--433},
url = {https://svjt.se/svjt/2017/416}
}Abstract
Sometimes it is required that contract clauses or certain types of statements made by a party are expressed in a clear way in order to be effective. This requirement may be based on law or on precedents or some other source of law. The requirement may be posed against both parties or one of the parties. The requirement often places a burden on one of the parties. It affects the assessment of issues of interpretation in the field of civil law, procedural law and arbitration. In other cases, a requirement of clarity is directed against arbitrators or arbitral institutes under the Swedish Arbitration Act or institutional rules. If the arbitrators or institutes disregard the requirement, then it is possible that the award may be set aside.
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