Stockholm Arbitration Yearbook 2023.

Format:

Book

Author/Creator:

Scholdstrom, Patrik.

Contributor:

Danielsson, Christer.

Series:

Stockholm Arbitration Yearbook Series

Language:

English

Subjects (All):

International commercial arbitration.

Arbitration and award.

Physical Description:

1 online resource (379 pages)

Edition:

1st ed.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2024.

Summary:

The Stockholm Arbitration Yearbook 2023 is a comprehensive resource for arbitration practitioners and academics. Edited by Christer Danielsson and Patrik Schöldström, this annual publication provides authoritative articles addressing global concerns in arbitration, with a particular focus on Swedish case law and legislation. It is designed to meet the information needs of arbitration professionals worldwide, offering insights into both international and domestic disputes. The Yearbook includes contributions from leading experts in the field, covering a wide range of topics such as international commercial arbitration, dispute resolution, and developments in arbitration law. It is an essential reference for those involved in arbitration and related legal practices. Generated by AI.

Contents:

Intro

Half-Title Page

Title Page

Copyright Page

Editors

Contributors

Summary of Contents

Table of Contents

Preface

Chapter 1 Swedish Arbitration-Related Case Law 2022-2023

1.01 INTRODUCTION

1.02 BACKGROUND

1.03 Republic of Poland v. PL Holdings S.a.r.l.

[A] Introduction

[B] Facts

[C] The Judgment by the Court of Appeal

[D] The Supreme Court's Request for Preliminary Ruling

[E] Judgment by the CJEU

[F] Judgment by the Supreme Court

1.04 ICA Sverige AB v. Bergsala SDA AB

1.05 Public Joint Stock Company Chelyabinsk Metallurgical Plant v. Minmetals International Engineering Co. Ltd.

1.06 Kingdom of Spain v. Novenergia II - Energy &amp

Environment (SCA), SICAR, B 124550

1.07 Oleg Deripaska v. Montenegro

1.08 KB Landbyska Verket 11 v. The Grand Group Aktiebolag

1.09 Net at Once Sweden AB v. TreSve Fiber Ideell Förening

Chapter 2 Paving the Way for Justice: Arbitration and EU Sanctions Against Russia

2.01 INTRODUCTION

2.02 THE SCOPE OF THE EU SANCTIONS

2.03 THE LEGAL AND PRACTICAL EFFECTS OF COUNCIL REGULATION (EU) NO. 269/2014 ON ARBITRATION

[A] Article 2: The Freeze of Assets

[B] Article 4.1.(b): Derogation Related to Payment for Legal Services

[C] Article 5.1: Claims Arising out of Arbitral and Judicial Decisions

[D] Article 7: Payments due to Listed Parties under Arbitral Decisions

[E] Article 11: 'No Claims' Provisions

[F] Article 8.1: Reporting Obligation

2.04 THE LEGAL AND PRACTICAL EFFECTS OF REGULATION 833/2014 ON ARBITRATION

[A] Articles 5b 1 and 5c 1(b): Deposits Exceeding EUR 100,000

[B] Article 5aa: Exemption for Services to Ensure Access to Justice

[C] Article 5n: Exemption for Legal Services in Contentious Matters

[D] Article 11: 'No Claims' Provisions

2.05 CONCLUSIONS.

Chapter 3 The Ins and Outs of Arbitrator Selection

3.01 INTRODUCTION

3.02 OBJECTIVE CRITERIA

[A] Independence

[B] Impartiality

[C] Nationality

[D] Qualifications

[E] Language

[F] Specific Requirements in Arbitration Clause

[G] Importance of Objective Criteria

3.03 SUBJECTIVE CRITERIA

[A] Nationality

[B] Knowledge of Applicable Law

[C] Expert in Specific Area of Law

[D] Experience in Specific Types of Cases or Fields of Business

[E] Reputation and Standing in the Arbitration Community

[F] Age and Gender

[G] Availability and Interest

[H] Efficiency

[I] Prior Experience

3.04 SOLE ARBITRATOR AND PRESIDENT OF THE ARBITRAL TRIBUNAL

[A] Specific Profile

[B] Heightened Expectation of Neutrality

[C] Experience

[D] Case Management Abilities

[E] Personality and Social Competence and Leadership Qualities

[F] Infrastructure and Resources

3.05 ETHICAL ISSUES

[A] Arbitrator from Country of a Party

[B] Relationships with Arbitrator

[C] Multiple Appointments

[D] Interviews with Potential Arbitrator?

[E] Chemistry Between Arbitrators

[F] High Profile Arbitrators

[G] Institutional Support for Diversity and Youth

[H] UK-Specific: Arbitrators from the Same Chambers

3.06 SUMMARY AND RECOMMENDATION

Chapter 4 Straddling the Divide Between Lawful and Unlawful Expropriation in International Law

4.01 INTRODUCTION

4.02 EXPROPRIATORY ACTION BY SOVEREIGNS: A BRIEF BACKGROUND

4.03 COMPENSATION UNDER CUSTOMARY INTERNATIONAL LAW

4.04 THE MANNER IN WHICH INVESTMENT TREATIES DEAL WITH EXPROPRIATION

4.05 LAWFUL EXPROPRIATION IN AN INVESTMENT TREATY CONTEXT

4.06 THE THRESHOLD ISSUE OF THE LAWFULNESS OF THE EXPROPRIATORY MEASURE

4.07 DOES ABSENT COMPENSATION RENDER THE EXPROPRIATION UNLAWFUL?.

4.08 THE CONSEQUENCES OF AN UNLAWFUL EXPROPRIATION UNDER INTERNATIONAL LAW

4.09 THE LAWFUL/UNLAWFUL DICHOTOMY IN INVESTMENT ARBITRATION PRACTICE

4.10 SELECTING THE DATE OF VALUATION

4.11 PRINCIPLES OF VALUATION AND METHODOLOGY

4.12 USING DATA OCCURRING OR COMING TO LIGHT AFTER THE EXPROPRIATORY EVENT?

4.13 WHAT IF THE INVESTMENT REPRESENTS A LOWER VALUE AT THE TIME OF THE AWARD: DOES THE INVESTOR GET TO CHOOSE?

4.14 DIVESTITURE OF THE INVESTMENT AS A RELEVANT PARAMETER?

4.15 A MANDATE TO DETERMINE FAIR MARKET VALUE

4.16 DEPARTING FROM THE PRINCIPLE OF FULL COMPENSATION?

4.17 CAUSATION

Chapter 5 Re-examining the Approach to Factual Witness Evidence in International Arbitration

5.01 INTRODUCTION

5.02 ORIGIN OF THE CIVIL AND COMMON LAW DIVIDE

5.03 THE COMMON LAW APPROACH TO WITNESS EVIDENCE

5.04 THE CIVIL LAW APPROACH TO WITNESS EVIDENCE

5.05 CURRENT PRACTICE RE-WITNESS EVIDENCE IN INTERNATIONAL ARBITRATION

5.06 CRITICISMS OF THE COMMON LAW APPROACH

5.07 PURPOSE OF WITNESS STATEMENTS AND CHALLENGES IN PRESENTING WITNESS EVIDENCE

[A] The Impact of Phrasing on Responses to Questions

[B] The Misinformation Effect

[C] False Memories

[D] The Impact of Retelling on Subsequent Recall

5.08 A SUGGESTED WAY FORWARD

[A] Is Witness Evidence Necessary?

[B] Is Accuracy Important, and Is There a Risk of Contamination?

[C] Limited Direct Evidence

[D] Witness Summaries

[E] Witness Interviews

[F] Preparation of Witness Statements

[G] Use of AI and Similar Technologies

5.09 ENFORCEMENT CHALLENGES

5.10 CONCLUSION

Chapter 6 Stating the Obvious and Connectivity to Self

6.01 TAKING THINGS FOR GRANTED VERSUS MANAGING REFLEXES IN A MIX OF LEGAL TRADITIONS

6.02 IS SWEDEN FORMALISTIC?

6.03 OUTSIDE PERCEPTIONS COUNT.

6.04 SWEDISH PRACTITIONERS OF INTERNATIONAL ARBITRATION: ANECDOTAL

Chapter 7 Emergency Arbitration Meets the Courts

7.01 INTRODUCTION

7.02 THE BASICS AND BENEFITS OF EMERGENCY ARBITRATION

7.03 JURISDICTION OF THE EMERGENCY ARBITRATOR

7.04 CONCURRENT JURISDICTION BETWEEN EMERGENCY ARBITRATORS AND COURTS

[A] The Tensions Inherent in Concurrent Jurisdiction

[B] The Decision in Gerald Metals

[C] The Decision in Ashwani Minda

[D] Other Decisions on Concurrent Jurisdiction

7.05 APPLICATION OF DUE PROCESS NORMS

[A] Due Process in Emergency Arbitration

[B] The Decision in CVG v. CVH

7.06 ENFORCEMENT OF EMERGENCY ARBITRATION DECISIONS

[A] Enforcement in India

[B] Enforcement in Singapore

[C] Enforcement in the United States of America

7.07 ANTICIPATED DEVELOPMENTS

7.08 CONCLUSION

Chapter 8 The Accused Arbitrator: New Roles and Dilemmas in the Era of Arbitration Litigation

8.01 A NEW TREND TO CHALLENGE ARBITRAL PROCEEDINGS?

8.02 THE DIVERSE DANISH ARBITRATION LANDSCAPE

8.03 DANISH COURT PRACTICE ON CHALLENGE CLAIMS

8.04 MONETARY CLAIMS AGAINST ARBITRATORS

8.05 WITNESS EXAMINATIONS OF ARBITRATORS

8.06 STRATEGIC ISSUES

[A] Choice of Law Issues

[B] Contractual Solutions

[C] Insurance Issues

[D] Other Strategic Issues in the Conduct of the Proceedings

8.07 CONCLUDING REMARKS

Chapter 9 Beyond the Myth of the Bermuda Triangle: A Swedish Perspective on Conflicts of Interest in the Context of Third-Party Funding in International Arbitration

9.01 INTRODUCTION

9.02 CONFLICT OF INTEREST ISSUES RELATING TO FUNDERS, COUNSEL AND FUNDED PARTIES

[B] Brief Comments on the Term Conflict of Interest

[C] The Contractual Relationships in a Swedish TPF Deal

[D] Situations Often Discussed with Respect to Conflicts of Interest.

[1] Initial Comments

[2] The Funder

[a] General

[b] Funder Control

[c] Excessive Pricing

[d] A Funder's Relation with the Funded Party's Opposite Party

[3] The Counsel

[a] Control

[b] Counsel Acts for the Funder in Another Matter

[i] Counsel Acts for the Funder in a Matter Related to the Funded Case

[ii] Counsel Acts for the Funder in a Matter Unrelated to the Funded Case

[c] Disclosure of Case Information

[d] Fee Arrangements

[4] The Funded Party

[5] Summary and Concluding Comments

9.03 ARBITRATOR CONFLICTS OF INTEREST AND DISCLOSURE

[B] Arbitrator Conflicts of Interest

[1] General Comments on Arbitrator Conflicts of Interest under the Swedish Arbitration Act

[2] General Comments on Arbitrator Conflicts of Interest under the SCC Rules

[3] General Comments on Arbitrator Conflicts of Interest under the IBA Guidelines

[4] Arbitrator Conflicts of Interest That May Arise in the Context of Funded Arbitrations

[a] Introduction

[b] The Arbitrator Is or Has Been Acting on Behalf of the Funder

[c] The Arbitrator, or His or Her Colleague, Is Acting as Counsel for a Party in Another Dispute Whose Claim Is Funded by the Same Funder That Is Funding a Party to the Arbitration

[d] The Arbitrator Has Been Appointed on Several Occasions by Parties Who Have Received Funding from the Same Funder

[C] Disclosure Obligations in Funded Arbitrations

[1] Initial Comments

[2] TPF Disclosure Obligations from an International Perspective

[3] Arbitrator Disclosure Obligations under the Swedish Arbitration Act

[4] Arbitrator Disclosure Obligations under the SCC Rules

[5] Party Disclosure Obligations under the Swedish Arbitration Act

[6] Party Disclosure Obligations under the SCC Rules.

[7] Summary and Concluding Comments Regarding Arbitrator Conflicts of Interest and Disclosure in Funded Arbitrations.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9789403503684

9403503688

OCLC:

1423131310