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

Abstract

A NEW TREND TO CHALLENGE ARBITRAL PROCEEDINGS? 

The risk that arbitral awards are set aside or denied recognition or enforcement is a frequent topic for discussion among arbitrators. In the absence of formal statistics, it is uncertain whether such litigation is actually on the rise. A short glance into the case portal serviced by the Stockholm Chamber of Commerce displays a significant number of such cases from the Swedish Svea Hovrätt, of which some indeed come out successful. In Denmark, the number of such cases is lower, but still more frequent than before, if you look into the cases reported in Ugeskrift for Retsvæsen. However, during the last many years, none of these (reported) cases have held arbitral awards invalid by Danish courts.