Stockholm Arbitration Report (SAR)
Stockholm Chamber of Commerce Arbitration Inst.
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Volume 2004:2
Editorial
By Sigvard Jarvin, General Editor
Articles
The Neutrality of Arbitrators: A review of the development of the concept and its present day status in US and international arbitration practice
?A look at IBA’s newly issued guidelines and suggestions for improvementsEstelle Dougier
The Application of the New York Convention in Swedish Courts
Hans Danelius
Recent Practice of the Arbitration Institute of the Stockholm Chamber of Commerce:
Prima Facie Decisions on Jurisdiction and Challenges of Arbitrators
Annette Magnusson & Hanna Larsson
When Has a Party Received an Arbitral Award? A Presentation of Three Swedish Supreme Court Decisions
Emilia Skog
Arbitral Awards
Final Arbitral Award rendered in 2000 in UNCITRAL
Ad Hoc Arbitration SwemBalt AB v. Republic of Latvia
Subject-Matters:
(1) Jurisdiction under a Bilateral Investment Treaty.
(2) Definition of investment.
(3) Definition of expropriation and the duty to compensate for expropriation.
(4) Failure of Respondent to appear (procedural default).
(5) State responsibility for actions of municipal authorities (agencies/subdivisions).
(6) Determining the rate of interest on amounts awarded.
(7) Whether the losing party shall be ordered to pay the costs of the arbitration.
Observations by Noah Rubins, Farouk Yala and Dany Khayat
Separate Arbitral Award rendered in 2001 in SCC case 74/2000
Subject-Matters:
(1) Transfer of arbitration agreement. The meaning of an "express written consent" where the contract provides that assignment of the agreement or any part thereof requires the consent of the other party.
(2) Validity of an arbitration clause under which one of the parties only had the right of choice to file its claims either before an arbitral tribunal or before a national court, and the other party could opt for arbitration only.
Observations by Pekka Puhakka & Johan Pråhl and Karl-Johan Dhunér
Final Arbitral Award rendered in 2003 in SCC case 24/2002
Subject-Matters:
(1) The potential res judicata effect of the SCC Institute’s dismissal of Respondent’s counterclaim, after the counterclaim had been raised as part of an initial reply to the SCC Institute, but before the referral of the case to the Sole Arbitrator.
(2) The proper law of the arbitration agreement, where the parties expressly chose to apply English law to the substantive contract, but did not make an express choice of law in respect of the arbitration agreement, and the seat of the arbitration proceedings was Sweden.
(3) Whether the requirement of "mutual consultations" in the arbitration agreement was a condition precedent to the jurisdiction of the Arbitrator, or a contractual provision to be considered as part of the substantive arbitration proceedings, and whether the condition had been satisfied.
Observations by Mary O’Connor and John Gatenby & Kate Menin
Final Arbitral Award rendered in 2003 in SCC case 71/2002
Subject-Matters:
(1) Letter of credit — whether the paying bank is entitled to refuse to release the money when the documents presented by the seller contain some discrepancies with the conditions in the letter of credit.
(2) Letter of credit — in case the issuing bank does ask for a waiver of discrepancies from the buyer, whether the buyer is obliged to give a waiver.
(3) Buyer’s obligation to take delivery and make payment — after the expiry of the letter of credit.
(4) Evidence — whether Claimant can submit new evidence during the final hearing on the ground that it is a resident outside Europe and there are sometimes difficulties with the communications.
Observations by Christina Ramberg and Liu Ping
Court Decisions on Arbitration
Denmark
Decision by the Danish Western Court of Appeal rendered on 27 January 2004 in case B-21717-00
Subject-Matters:
(1) Challenge of the amount of arbitrators’ fee fixed by the arbitrators in an international ad hoc arbitration.
(2) VAT on arbitrators’ fees.
Observations by Ole Spiermann
Sweden
Decision by the Court of Appeal for Western Sweden rendered on 29 December 2003 in case T 4366-02
Subject-Matter:
Non-compliance with mandatory European telecommunications law—does it constitute a violation of Swedish ordre public ?
Observations by Diederik de Groot
I. Partial Award on Jurisdiction & Final Award rendered in 2001 in
SCC case 85/2000 & II. Decision by the Svea Court of Appeal
rendered on 25 May 2004 in case T 1361-01
I. Subject-Matters:
(1) Jurisdiction of the arbitral tribunal; whether the agreement to arbitrate can be concluded from parties conduct before a state court.
(2) State immunity as a bar to arbitration?
(3) Issue of succession of parties.
II. Subject-Matters:
(1) Jurisdiction of the arbitral tribunal.
(2) Possible bias of the arbitral tribunal.
(3) One arbitrator excluded from the deliberations?
Observations by Kendall Moholitny and Ola Åhman
Decision by the Supreme Court of Sweden rendered on
16 June 2004 in case Ä 853-03
Subject-Matter:
Whether, by virtue of criminal investigations in Russia, documents contained in a case file at the Arbitration Institute of the Stockholm Chamber of Commerce should be handed over to Russian authorities pursuant to the European Convention on Mutual Assistance in Criminal Matters of 1959.
Observations by Annette Magnusson
Decision by the Stockholm District Court rendered in 2004 in case Ä 860-04 & Decision by the Svea Court of Appeal rendered in 2004 in case ÄÄ 4247-04
Subject-Matter:
Finality of a determination by an arbitration institution regarding a challenge of an arbitrator’s impartiality.
Observations by Robin Oldenstam
Notes & Information
In Memoriam – Allan Philip
Book Review — Emmanuel Jolivet
LES INCOTERMS: Étude d’une norme du commerce international
The 1958 New York Convention, List of Contracting States
How to subscribe to the Stockholm Arbitration Report
2004 Index
Volume 2004:1
EDITORIAL
By Sigvard Jarvin, General Editor
ARTICLES
Ownership of the Oil and Gas Resources in the Caspian Sea: Problems and Solutions - International Arbitration and Contractual Clauses
Kaj Hobér
Arbitration Clause Enforcement in Ukraine - on the Importance of Using a Model Clause
Alexander Bondar
ARBITRAL AWARDS
Arbitral Award, 7 June 2001 in SCC case 60/2000
Subject matters:
(1) Carrier's vicarious liability under the International Convention on the Carriage of Goods by Road (CMR) of 1956; burden of proof.
(2) Carrier's wilful misconduct under the CMR, standard of evidence. Articles 29.1 and 29.2 CMR.
Observations by Lars Gorton and Johan Schelin
Final Arbitral Award rendered in 2001 in SCC case 124/2000
Subject matters:
(1) Parent company guarantee; elements of interpretation.
(2) Character of guarantee - independent or accessory?
Observations by Talbot Lindström
Final Arbitral Award rendered in 2003 in SCC case 12/2002
Subject matters:
(1) Prima facie decision of jurisdiction of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute).
(2) The law applicable to the transfer of the arbitration agreement.
(3) Assignment of contract; validity of the arbitration clause when the assignee has not notified the remaining contract party of the assignment.
Observations by Ivan Zykin and Juan Carlos Landrove
Final Arbitral Award rendered in 2003 in SCC case 49/2002
Subject matters:
(1) Interpretation of a Bilateral Investment Treaty.
(2) Whether the Claimant had an asset which constituted an investment under the Bilateral Investment Treaty.
(3) Period of limitation under the Bilateral Investment Treaty.
(4) Costs incurred by the Respondent for legal representation.
(5) Apportionment of the arbitration costs as between the parties.
Observations by Sarah François-Poncet & Caline Mouawad
COURT DECISIONS ON ARBITRATION
England
Judgment by the Supreme Court of Judicature Court of Appeal (Civil Division), 4 March 2003 in case [2003] EWCA Civ 266
Subject matter:
Functus officio of an arbitral tribunal.
Observations by Sarosh R. Zaiwalla
Approved judgments by the High Court of Justice, 4 February 2004 in cases no. [2003] EWHC 2602 (Comm) and no. [2002] EWHC 121 (Comm)
Subject matters:
(1) Permit of a third party to access the arbitration agreement.
(2) Group of Companies doctrine.
Observations by Michael E Davis
Sweden
Decision by the Stockholm District Court rendered in 2001 in case K3-4897-92 & Decision by the Svea Court of Appeal rendered in 2001 in case Ä 5337-01 & Decision by the Swedish Supreme Court rendered in 2003 case Ä 3504-1
Subject matter:
Applicability of an arbitration clause in bankruptcy proceedings.
Observations by Christer Söderlund
Judgments by the Stockholm District Court rendered in 2003 in cases no. T 7898-00 and no. T 3697-01
Subject matters:
(1) Whether parties can dispose of the validity of the arbitral award.
(2) Setting aside of an arbitral award for alleged procedural irregularity and excess of arbitral authority according to the 1929 Swedish Arbitration Act through default judgment.
Observations by Carita Wallgren & Gisela Knuts
Switzerland
Judgment of the Swiss Supreme Court rendered in 2003 in case 4P.137/2002
Subject-matters:
(1) Swiss courts' powers to review foreign law.
(2) French law on representation of companies.
(3) Security for costs before Swiss courts.
Observations by Laurent Hirsch
NOTES & INFORMATION
In Memoriam - Philippe Fouchard
In Memoriam - Robert Romlöv
Book review: Lars Heuman: Arbitration Law of Sweden: Practice and Procedure
Book review: Malcolm A Clarke: The Law of Insurance Contracts
Book review: Simon Curtis: The Law of Shipbuilding Contracts
IBA Guidelines on Conflicts of Interest in International Arbitration
The 1958 New York Convention, list of Contracting States
How to subscribe to the Stockholm Arbitration Report
Volume 2003:2 - Stockholm Arbitration Report
EDITORIAL
By Sigvard Jarvin, General Editor
ARTICLES
Risk of Conflict Between the New York Convention and newer Arbitration-Friendly National Legislation? Giuditta Cordero Moss
Awards of Punitive Damages
Jessica Jia Fei
Enforcement of SCC and Russian Arbitration Awards in the United States Courts: An Overview
Alexander S. Vesselinovitch
ARBITRAL AWARDS
Order for Interim Measures and Arbitral Award rendered in 2002 in SCC case 96/2001
Subject-matters:
1. Power of the Arbitral Tribunal to grant interim measures under the SCC Rules.
2. Applicable law to the merits and to a retention of title clause.
3. Enforcement of retention of title clause under Uzbek law.
4. Right to restitution of delivered goods under Uzbek law.
Observations by Fernando Pombo
COURT DECISIONS ON ARBITRATION
England
Decision of England’s Court of Appeal (Civil Division) rendered in 2000 in case [2000] EWCA Civ 154 – the "Saudi Cable" case
Subject-matters:
1. What constitutes bias on the part of an arbitrator?
2. What constitutes misconduct on the part of an arbitrator?
3. Whether an arbitral institution’s decision on a challenge of an arbitrator is final.
4. Whether the arbitrator should be removed and awards set aside on ground of bias.
Observations by William K. Slate II, David P. Roney & Viviane Frossard and Stefano Azzali & Benedetta Coppo
Russia
Judgment of the Federal Commercial Court of the Western Siberian Okrug, the Russian Federation rendered in 1999 in case F04/1402-291/A70-99 and Judgment of the Presidium of the Higher Commercial Court of the Russian Federation rendered in 2003 in case 2853/00
Subject matters:
1. Dissolution of a joint venture – the relevance of mandatory rules according to Russian law.
2. Whether the arbitral tribunal went beyond the scope of the arbitration clause.
Observations by Dominic Pellew
Spain
Judgment of the Supreme Court of Spain rendered in 2001 in Kern Electrónica SA v. Goldstar Company Ltd – the "Kern" case
Subject matters:
1. Whether an arbitration clause is not binding since the parties’ choice of law did not have any connection with the contract or the dispute.
2. Whether an arbitration clause is null and void because it does not include an explicit will of the parties to comply with the award.
Observations by Juan Fernández-Armesto and José Rosell
Sweden
Judgment by the Svea Court of Appeal, Stockholm rendered in 2003 in case T 8735-01 – the "CME v. Czech Republic" case
Subject-matters:
1. Whether an arbitrator was excluded from the deliberations.
2. Whether the tribunal failed to take into consideration applicable law.
3. Whether the tribunal lacked jurisdiction due to lis pendens and res judicata.
4. Whether the tribunal exceeded its mandate – the concept of joint tortfeasors.
5. Whether the tribunal exceeded its mandate – decision concerning determination of the damage.
6. Whether the tribunal exceeded its mandate – previous investors and prior breaches.
7. Whether the judgment of the Court of Appeal may be appealed.
Observations by Noah Rubins, Stanis?aw So?tysi?ski & Marcin Olechowski, Hans Bagner and Tore Wiwen-Nilsson
Sweden and Denmark
The "SwemBalt" case - Decision of the Svea Court of Appeal, Stockholm rendered in 2002 in case Ä 7192-01
Subject-matters:
1. Enforcement of an award rendered under the Agreement between Sweden and Latvia on the Promotion and Reciprocal Protection of Investments (SÄ 1992:93) ("the BIT"); question whether the re was an investment in the meaning of the BIT.
2. Should enforcement be refused on the ground that the arbitral tribunal lacked jurisdiction for reasons of lis pendens?
Decision of the Maritime and Commercial Court, Copenhagen rendered in 2003 in case S-22-01
Subject matters:
1. Challenge of an arbitral award rendered under the Agreement between Sweden and Latvia on the Promotion and Reciprocal of Investments, SÄ 1992:93 (the "BIT"); question whether there was an investment in the meaning of the BIT.
2. Ne bis in idem where two requests for arbitration made.
3. Whether a Swedish court judgment declaring the award valid is also valid in Denmark pursuant to Article 26 of the European Court Convention.
Observations by Christoph Liebscher
Volume 2003:1 - Stockholm Arbitration Report
EDITORIAL
By Sigvard Jarvin, General Editor
ARTICLES
New Developments in the Legal Framework of International Arbitration in the Russian Federation – A View from Moscow
Alexander S. Komarov
New Developments in the Legal Framework of International Arbitration in the Russian Federation – A View from Paris
Jeffrey M. Hertzfeld
New Developments in the Legal Framework of International Arbitration in the Russian Federation – A View from St Petersburg
Ilya Nikiforov
New Norwegian Arbitration Act – Draft Statute
Thomas Svensen
Applicable Law Chosen by Arbitrators – A Critical View on the Arbitrator’s Use of the Method of Voie Directe, Lex Contractus and Equity
Declan Mac Guinness
ARBITRAL AWARDS
Separate Arbitral Award, Final Arbitral Award rendered in 2000 in SCC case 34/1999
Subject-matters:
1. Introduction of a new party in the arbitration. The seller requested to introduce as party the manufacturer of the goods who had signed a modification to the agreement, but not the original agreement.
2. Availability of separate award and dissenting opinion under the SCC Rules.
3. Applicable law. Whether a stipulation in the contract takes over the CISG.
Observations by Alain Prujiner and Christophe Imhoos
Final Arbitral Award rendered in 2002 in SCC case 129/2000
Subject-matters:
1. Party succession and choice of applicable law to decide who are the parties to the agreement.
2. Choice of applicable law to decide the costs.
Observations by Carita Wallgren and Helle Lindegaard, and Eric M. Runesson and Mikael Swahn
Final Arbitral Award rendered in 2002 in SCC case 7/2001
Subject-matters:
1. Letter of credit and unjust enrichment - whether the purchaser had fulfilled its obligations concerning payment under the contract by obtaining the letter of credit.
2. Invalidity of contract – whether the contract was duly signed and dealt with past events.
3. Calculation of interest.
Observations by Michael Pryles and Jon Stokholm
COURT DECISIONS AN ARBITRATION
Canada
Judgment of the Ontario Superior Court of Justice rendered in 2002 in case [2002] O.J. No. 665
Subject-matters:
1. Electronic commerce. Whether a contract might be amended – and an arbitration clause included – through the posting of a website notice.
2. Whether the arbitration agreement was invalid because it was unconscionable.
Observations by Bradley J. Freedman and Edward C. Chiasson
England
Judgment of the English Court of Appeal rendered in 2001 in case [2001] EWCA Civ 1755
Subject-matter:
Costs incurred in foreign jurisdiction. A party was unable to recover costs in foreign proceedings. Whether party was entitled to recover foreign costs as damages for breach of exclusive jurisdiction clause in subsequent proceedings.
Observations by Otto Sandrock, Jean-Louis Delvolvé and Claes Zettermarck
Sweden
Judgment by the Svea Court of Appeal rendered in 2000 in case 8090-99
Subject-matter:
Whether an award was based on matters not submitted by the parties to the arbitrators.
Observations by Martin Wallin
Jurisdictional Award rendered in 1998 in SCC cases 38/1997 and 39/1997 & Judgment of the Stockholm District Court rendered in 2001 in case T 1510-99 & Judgment of the Svea Court of Appeal rendered in 2002 in case T 4496-01 - The Government Guarantee case
Subject-matters:
1. Application, under Swedish law, of an arbitration clause laid down in a business contract, to a third party guarantor.
2. Applicable law. Whether a choice of "governing law" in a supply contract is applicable when determining whether a guarantor is bound by an arbitration clause in the supply contract.
3. Is state sovereign immunity a bar to arbitration?
Observations by Hans Smit
Switzerland
Judgment of Switzerland’s Supreme Court rendered in 2002 in case 4P.226/2001
Subject-matters:
1. Request to set aside an arbitral award on the ground that one co-arbitrator failed to attend the deliberation (Swiss PILS -LDIP, Art 190, para 2, lit.a).
2. Request to set aside an arbitral award on the ground that the parties were not treated equally and a party was refused the opportunity to be heard (PILS, Art. 190, para 2, lit.d).
3. Alleged failure by the arbitral tribunal to deal with all the claims (PILS , Art. 190, para 2, lit.c).
4. Alleged violation of public order on the ground that the arbitrators had failed to examine a violation of Greek and European competition law (PILS, Art. 190, para 2, lit.e).
Observations by Konstantin Razumov
USA
Judgment of the Supreme Court New York County Appellate Division rendered in 2003 in case 754 N.Y.S. 2D 264
Subject-matter:
Punitive damages in arbitral award.
Observations by Steven C. Bennett
Volume 2002:2 - Stockholm Arbitration Report
EDITORIAL
By Sigvard Jarvin, General Editor
ARTICLES
Development of Online Dispute Resolution – The Wave of the 1 Future in Alternative Dispute Resolution
Robert Bennet Lubic
Treteiski Sud (Commercial Arbitration Court) in Kazakhstan: 25 Problems of Legal Regulation and Threats to Arbitration as a Means to Settle Commercial Disputes
Maidan K. Suleimenov
Arbitration in Kazakhstan
Peter Greshnikov and Igor Greshnikov
ARBITRAL AWARDS
First Interim Award rendered in 2000 in SCC cases 80/1998 and 45 81/1998
Subject-matters:
1. Applicable choice-of-law rules to determine the governing law in a sale of goods contract.
2. Applicable law to the arbitration agreement.
Observations by David Goldberg
Final Arbitral Award rendered in 2001 in SCC case 45/2000 65
Subject-matters:
1. Invalidity of a contract under the Swedish doctrine of assumptions (förutsättningsläran).
2. Liability for damages following the invalidity of a contract by virtue of the doctrine of assumptions.
Observations by Gustaf Möller and Jan Ramberg
Award on Jurisdiction rendered in 2001 in SCC case 133/2000 99
Subject-matter:
Ambiguous arbitration clause.
Observations by Alexey Kostin
Final Arbitral Award rendered in 2001 in SCC case 45/2001 111
Subject-matters:
1. Ex parte award.
2. Jurisdiction of the arbitrator over the end user where the contract had been signed by the end user’s agent. Applicable law to decide this issue.
3. Foreign trade agency relationship in Chinese law. The Chinese Foreign Trade Agency System Tentative Provisions (the "Tentative Provisions") of 29 August 1991.
Observations by Xing Xiusong and He Xiaoli
COURT DECISIONS ON ARBITRATION
England
Judgment of the House of Lords, United Kingdom rendered in 2000 127 in case [2002] 1 W.L.R. 1621
Subject-matter:
Multi-party arbitration. Whether a contractor can rely on tripartite arbitration arrangements to avoid or delay arbitration with a sub-contractor.
I.C.E 5th Edition (June 1973) Standard form of Contract for Civil Engineering Works and the F.C.E.C. Standard Form of Sub-Contract (September 1984 Edition) (the "Blue Form").
Observations by Stewart Shackleton
Judgment of the Court of Appeal (Civil division) of England 145 rendered in 2001 in case 1832
Subject-matter:
When is an expert’s departure from instructions deemed to be material?
Observations by Doak Bishop and Richard Deutsch
Sweden
Decision by the Svea Court of Appeal rendered in 2001 in case Ä 161 4645-99
Subject-matters:
1. Recognition and enforcement of a foreign arbitral award; law applicable to the legal form of the arbitration agreement.
2. Enforcement of a declaratory judgment regarding the costs of the arbitration.
Observations by Lars Edlund
Annual Index
Volume 2002:1 - Stockholm Arbitration Report
EDITORIAL
By Sigvard Jarvin, General Editor
ARTICLES
Multi-Party Arbitration
Mary Woollett and Monique Sasson
Arbitration and the Fisc: NAFTA’s "Tax Veto"
William W. Park
Decisions by the SCC Institute Regarding Challenge of Arbitrators
Marie Ährström
ARBITRAL AWARDS
Separate Arbitral Award rendered in 2001 in SCC case 117/1999
Observations by Herbert Kronke
Observations by Juan Fernández-Armesto
Final Arbitral Award rendered in 2001 in SCC case 16/2000
Observations by Patrik Lindfors and Mika Savola
Observations by Jakob Heidbrink
Arbitral Decision rendered in 2001 in SCC case 49/2000
Observations by Bruno Leurent
Arbitral Award rendered in 2001 in SCC case 9/2001
Observations by Bernard Hanotiau
COURT DECISIONS ON ARBITRATION
Australia
Judgment of the New South Wales Court of Appeal rendered in 2002 in case [2002] NSWCA 84
Observations by Frank Bannon and Mathew Stulic
England
Judgment of the English Court of Appeal rendered in 2002 in case [2002] Civ 135
Observations by David St John Sutton
France
Judgment of the Paris Court of Appeal rendered in 2002 in cases 2001/10769 and 2001/15479
Observations by Charles Kaplan and Gilles Cuniberti
Sweden
Decision of the Stockholm District Court rendered in 2001 in case Ä 7197-01 201
Observations by Georgios Petrochilos
Volume 2001:2 - Stockholm Arbitration Report
EDITORIAL
By Sigvard Jarvin, General Editor
ARTICLES
The Enforcement of Foreign Arbitral Awards Under the New York Convention, Recent Developments
Carolyn B. Lamm and Frank Spoorenberg
Discovery in International Arbitration – the Swedish Approach
Stefan Brocker
Arbitral Proceedings and the Enforcement of the Award: Particularly in Relation to Austrian Law and the Rules of Arbitration of the SCC, the ICC and the Austrian Federal Economic Chamber
Christian Aschauer
The Practice of the Arbitration Institute of the Stockholm Chamber of Commerce - an Inside View
Annette Magnusson
COURT DECISIONS ON ARBITRATION
France and Sweden
Judgment of the Svea Court of Appeals in 1998 in case 925-98-80: the Noga case
Observations by Patrik Schöldström
Sweden
Judgment of the Supreme Court of Sweden rendered in 2000 in case T 5119-99: the 3S case
Observations by Tao Jingzhou, Anne-Laure Vincent and Michael Polkinghorne
Judgment of the Svea Court of Appeals rendered in 2000 in case T 6902-99: the Kazchrom case
Observations by Aigoul Kenjebayeva
Volume 2001:1 - Stockholm Arbitration Report
EDITORIAL
By Sigvard Jarvin, General Editor
ARTICLES
National Rules on Arbitrability and the Validity of an International Arbitral Award: The example of disputes regarding petroleum investments in Russia
By Guiditta Cordera Moss
Interim and Conservatory Measures: Theory, Strategies and a Practical Experience in Lithuania
By Anders Ryssdal
Post-award Interest
By Christopher R. Seppala
Enforcement by U.S. Courts of International Arbitration Interim Orders and Awards under the New York Convention: Publicis Communication v. True North Communications Inc.
By Robert H. Smit & Alan Turner
ARBITRAL AWARDS & DECISIONS
Final Arbitral Award rendered in 2000 in case 108/1997
Observations by Michael S. Walker
Arbitral Decision rendered in 2000 in case 046/1999
Observations by David St. John Sutton & Annette Magnusson
COURT DECISIONS ON ARBITRATION
Decision of the Svea Court of Appeal rendered in 2001 in case Ä 4859-00
Observations by Lars Edlund
Volume 2000:2 - Stockholm Arbitration Report
EDITORIAL
Sigvard Jarvin, General Editor
ARBITRAL AWARDS
Final Arbitral Award and Additional Arbitral Award rendered in 1998 in case 17/1997
Observations by John Kadelburger
Final Arbitral Award rendered in 1998 in case 99/1997
Observations by Sarah François-Poncet
Final Arbitral Award rendered in 1999 in case 34/1998
Observations by Ivan Zykin
Final Arbitral Award rendered in 1999 in case 53/1998
Observations by Alexey Kostin
Jurisdictional Award rendered in 2000 in case 21/1999
Observations by M.I.M. Aboul-Enein
COURT DECISIONS ON ARBITRATION
France
Decision of the Brest County Court and the Paris Court of Appeals rendered in 2000: the Noga case and the Seizure of the Sedov
Observations by Emmanuel Gaillard
Germany
Decision of the Berlin Higher Regional Court (Kammergericht) rendered in 1999 in case 28 Sch 17/99
Observations by Jens Bredow
Sweden
Judgment of the Supreme Court of Sweden rendered in 2000 in case N T 1881-99: the Bulbank case
Observations by M.I.M. Aboul-Enein, Gerald Aksen, Gregory Reid 8c Lucy Greenwood
Decision of the Supreme Court of Sweden rendered in 2000 in case T 12-99: the IFA case
Observations by Gustaf Moller
DECISIONS BY THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE
Prima facie decisions on Jurisdiction
By Annette Magnusson
Volume 2000:1 - Stockholm Arbitration Report
EDITORIAL
Sigvard Jarvin, General Editor
ARTICLES
Constitutional Limits of Arbitration.
Kurt Heller
The Eco-Swiss/Benetton Judgment - an Introduction.
EC Competition Law and National Arbitration Procedure.
Karl Johan Dhuner
The Benetton Judgment and its Practical Implications on Arbitration.
Carl Michael von Quitzow
Eco Swiss China Time Ltd./. Benetton International NV.
Confidentiality - an Algorithm.
Gregory Reid
Taking of Evidence under the UNIDROIT / American Law Institute Project "Transnational Principles of Civil Procedure".
Herbert Kronke
Enforcement of an Arbitral Award in the People's Republic of China.
Magnus Andren
Observations by Wang Sheng Chang
The New Arbitration Acts in Germany and Sweden - Some Comparative Points.
Christer Soderlund
Mediation in Stockholm.
Christer Holm
Observations by Christopher Newmark
In Memoriam - Heribert Golsong
Volume 1999:2 - Stockholm Arbitration Report
EDITORIAL
Sigvard Jarvin, General Editor
ARBITRAL AWARDS
Procedural Decision rendered in 1997 and Final Arbitral Award rendered in 1998 in case 19/1997
Observations by Guillermo Aguilar Alvarez
Arbitral Decision rendered in 1998 in case 104/1997
Observations by Sigvard Jarvin, Carita Wallgren and Bernt Juthstrom
Final Arbitral Award rendered in 1998 in case 107/1997
Observations by Ivan Zykin
Final Arbitral Award rendered in 1998 in case 16/1998
Observations by John Kadelburger
Final Arbitral Award rendered in 1998 in case 36/1998
Observations by Gerald Aksen
COURT DECISIONS ON ARBITRATION
Sweden
Decision of the Supreme Court, 15 October 1997, in the Emja case
Decision of the Supreme Court, 3 April 1998, in Esselte vs. Swedish State Pension Fund
Observations by Stewart Boyd and Joachim Kuckenburg
Decision of the Svea Court of Appeal, 23 December 1997 in Fagep vs. V/O Stankoimport.
Observations by Gustaf Moller
COURT DECISIONS ON ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
Norway
Decision of the Hagoland Court of Appeal, 16 August 1999
Observations by Gunnar Nerdrum
Russian Federation
Ruling of the Judicial Collegium for civil cases of the Supreme Court of the Russian Federation
Observations by Alexei Kostin
Enforcement in Russia: chronology of a loan recovery.
Observations by Alexander Mouranov and Natalia Toupikina-Holm
DECISIONS BY THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE
Decisions by the Arbitration Institute of the Stockholm Chamber of Commerce in matters of Challenge of Arbitrators
By Marie Johansson
Volume 1999:1 - Stockholm Arbitration Report
Stockholm Arbitration Report: an international arbitration publication Eine Zeitschrift fur die internatidnale Schiedsgerichtsbarkeit Une revue de l'arbitrage international.
Sigvard Jarvin, General Editor
Foreword to Volume 1999:1
Justice Leif Thorsson, Chairman of the Arbitration Institute of the Stockholm Chamber of Commerce
A New Arbitration Regime in Sweden
Ulf Franke, Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce
The Arbitration Agreement.
Professor Jan Ramberg
The Arbitrators.
Professor Allan Philip
The Arbitral Proceedings.
Sigvard Jarvin
The Arbitral Award.
Justice Gustaf Möller
Enforcement of Arbitral Awards.
Kaj Hobér
The Rules of the Arbitration Institute of the Stockholm Chamber of Commerce
(Original Swedish text and English translation)
The Swedish Arbitration Act 1999
(Original Swedish text and English translation)