Procedural Error

Procedural Error, Set aside an arbitral award, Set aside an international arbitral award, Sweden, Swedish Arbitration Act

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On 1 December 2021, the Svea Court of Appeal in Stockholm rejected Kibar Enerji Anonim Sirketi’s request to set aside an arbitral award in a dispute with Gazprom Export LLC over contract pricing of natural gas. Kibar alleged that the arbitral tribunal had exceeded its mandate and had also committed a procedural error when issuing…

Appeal, Procedural Error, Procedural Fairness, Procedural Order, Set aside an arbitral award, Set aside an international arbitral award, Singapore, Witness

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It is trite that an award may be set aside if there has been a breach of the rules of natural justice. This may arise from, among others, a tribunal’s procedural ruling. However, during the arbitration, there is no recourse for parties to challenge such procedural rulings. This was the situation in CBS v CBP…

Annulment, Finality, Procedural Error, Procedural Order, Sweden

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In a recent judgement, the Swedish Supreme Court rejected an appeal against the decision of the first instance which set aside an arbitral award in part due to a procedural error of the arbitral tribunal. The particularity of this case stems from the fact that the procedural error derived from an earlier procedural order of…