The Belgor Case Four Years On: Under What Circumstances May a Decision to Restrict a Party’s Right to Present Its Case Be Deemed Unjustifiable?

Abstract

An important part of an arbitral tribunal’s management of the arbitration is to move the proceedings forward by issuing procedural decisions. These types of decisions often involve balancing the need for efficiency in the proceedings against a party’s right to present its case.
In the Belgor case, the Swedish Supreme Court stated that an arbitral tribunal’s decision to deny a party’s request for an extension of time does not constitute a procedural irregularity unless the decision is unjustifiable (my italics). 
The Supreme Court did not explain the precise meaning of the term “unjustifiable,” and the concept has not appeared in later Supreme Court precedent. In the absence of such precedent, this chapter examines how the term “unjustifiable” has been applied in proceedings before the Svea Court of Appeal concerning the setting aside of an arbitral award under the first paragraph of section 34(7) of the Swedish Arbitration Act (the “Act”) due to alleged procedural irregularities.