Supreme Court of Sweden

Swedish Court Rejects Kazakhstan's Second Challenge To Arbitral Award, Blocks Further Appeal

Retrieved on: 
Monday, March 9, 2020
Courts, Law, Svea Court of Appeal, Supreme Court of Sweden, R (Miller) v Secretary of State for Exiting the European Union, Supreme Court of India, Supreme Court of the United States, Supreme court

Kazakhstan had brought an unprecedented second challenge to the award in November 2019, having lost the first challenge in December 2016 after 3.5 years of proceedings before the same Svea Court of Appeal.

Key Points: 
  • Kazakhstan had brought an unprecedented second challenge to the award in November 2019, having lost the first challenge in December 2016 after 3.5 years of proceedings before the same Svea Court of Appeal.
  • In its ruling, handed down March 9, 2020, the Swedish court found that the two challenges were "identical," which under Swedish law bars the new claim from being heard.
  • The Svea Court also refused to grant permission to appeal this ruling to the Swedish Supreme Court, thus making it final and binding.
  • The award has since been fully upheld by two tiers of the Swedish judiciary, including the Swedish Supreme Court.

Swedish Court Rejects Kazakhstan's Second Challenge To Arbitral Award, Blocks Further Appeal

Retrieved on: 
Monday, March 9, 2020
Courts, Law, Svea Court of Appeal, Supreme Court of Sweden, R (Miller) v Secretary of State for Exiting the European Union, Supreme Court of India, Supreme Court of the United States, Supreme court

Kazakhstan had brought an unprecedented second challenge to the award in November 2019, having lost the first challenge in December 2016 after 3.5 years of proceedings before the same Svea Court of Appeal.

Key Points: 
  • Kazakhstan had brought an unprecedented second challenge to the award in November 2019, having lost the first challenge in December 2016 after 3.5 years of proceedings before the same Svea Court of Appeal.
  • In its ruling, handed down March 9, 2020, the Swedish court found that the two challenges were "identical," which under Swedish law bars the new claim from being heard.
  • The Svea Court also refused to grant permission to appeal this ruling to the Swedish Supreme Court, thus making it final and binding.
  • The award has since been fully upheld by two tiers of the Swedish judiciary, including the Swedish Supreme Court.