Invalidity of the arbitration agreement—when will I lose my right to object? (Supreme Court of Sweden: JSC Technopromexport v Mir's Limited)

Table of contents

• The background
• The challenge
• Did the Appellant waive its right to claim that the arbitration agreement was invalid?
• Did the court address the separability of the arbitration clause?
• What lessons can be learned from this case?

Article summary

The Swedish Supreme Court (SSC) recently upheld a decision of the Svea Court of Appeal that a party had waived its right to rely on the alleged invalidity of an arbitration agreement for the purposes of challenging an arbitral award issued by a tribunal under the arbitration rules of the Stockholm Chamber of Commerce (SCC). The SSC’s decision is a reminder for parties and practitioners that challenging the validity of an arbitration agreement must be done in a proper and timely manner in accordance with the governing procedural law of the arbitration.