Abstract

Under Swedish law, there are two types of defective awards: those that are void and those that are voidable. Awards are void under Section 20 of the Swedish Arbitration Act of 1929 if (1) there was no valid arbitration agreement, (2) the award is not in writing and signed by the arbitrators, or (3) the subject matter was not arbitrable. Awards are voidable under Section 21 of the Act if (1) it was rendered ultra petita or outside applicable time limits, (2) the Swedish venue was improper, (3) an arbitrator was wrongly appointed or otherwise disqualified from acting, or (4) there was a significant procedural irregularity. In 1986, the Swedish Supreme Court confirmed the correctness of earlier doctrinal writing1 when it held that the extraordinary remedy of retrial under the Swedish Code of Procedure is not available (by analogy) with respect to arbitral awards.2 An approving commentator...

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