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Court Decisions

Swedish Court Decisions

Swedish court decisions on arbitration issues are available on the Swedish Arbitration Portal in unofficial English translations. The Swedish Arbitration Portal is a free service provided by the SCC that makes Swedish case law on international and domestic arbitrations more accessible to the international community. The portal can be accessed at www.arbitration.sccinstitute.com.

Court Decisions from other jurisdictions

The SCC periodically provides unofficial English translations of foreign court decisions on the enforcement of SCC arbitral awards.

Ukrainian Court Enforces SCC Award in ECT Arbitration 20120824

The Pechersky District Court of Kyiv recently granted enforcement of an SCC arbitral award in a case between Remington Worldwide Limited (“Remington”) and the State of Ukraine. Remington had initiated arbitration against Ukraine, alleging violations of the Energy Charter Treaty (ECT). The tribunal ultimately found that Ukraine violated one provision of the ECT and ordered Ukraine to compensate Remington.

Decision by the Supreme Court of Ukraine 20110831

The Supreme Court of Ukraine recently upheld enforcement of an SCC arbitral award. The dispute between Evertrade, a French company, and the Port of Kherson, a State entity, was resolved by a final arbitral award on 8 August 2008. Evertrade sought enforcement of the award in the Suvorovskiy District Court of Kherson in 2009, but the Port of Kherson challenged the enforcement in the Ukrainian courts for violations of the substantive law. The lower courts rejected the challenge.

Decision by the Federal Commercial Court of Saint Petersburg

A Norwegian party recently applied for the recognition and enforcement of an SCC award in St Petersburg, Russia. The Russian defendant objected and argued that the SCC lacked jurisdiction over the dispute, that the Russian party had not been duly notified of the arbitration, and that enforcement of the award would constitute a violation of Russian public policy. Russian courts found no ground for the objections and decided to grant recognition and enforcement of the Swedish award.

Ruling by the Supreme Court of Ukraine 2010-11-24

The Supreme Court of Ukraine decided on enforcement under the New York Convention of a Swedish arbitral award rendered under the SCC Rules in November 2010.

Download the ruling (Unofficial translation)

The original version in Ukrainian