The Mandate for Arbitrators to SupplementContracts under Swedish Law: A BriefStudy with Particular Focus on Gas PriceReview Arbitrations

Abstract

paragraph of section 27 a of the Swedish Arbitration Act (the ‘Act’), pursuant to which the dispute is to be adjudicated with application of the law or rules agreed by the parties. Under this mandate, the tribunal’s primary role is to resolve disputes by adjudicating facts and applying legal principles to them. Essentially, the parties bring a disagreement to the tribunal, which then establishes the disputed facts and interprets them with application of the legal rules to provide a binding resolution. This exercise of an arbitral tribunal to adjudicate a dispute referred to it with application of law may be referred to as the ordinary judicial mandate of a tribunal. In the vast majority of arbitrations, this is the mandate under which the tribunal decides the dispute.