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Excess of Mandate – Navigating Nordic Judicial Review of Arbitrator Decision-Making

JFT 4–5/2011 s. 628–646
15.9.2011
Asiantuntija-artikkeli

This essay will first generally consider the context in which excess of mandate issues arise, noting that usually such issues are accompanied by concerns for ensuring the right to be heard. The Finnish Wefren case and the Swedish Systembolaget case will then be presented. Issues such as the right to be heard, party autonomy to determine the submissions, and the authority of the arbitrators to arrive at a correct decision, which may implicate issues of jura novit curia will be analyzed in the context of the cases. Finally, the essay will draw some conclusions as to the extent of arbitrator authority to go beyond or deviate from the specific submissions of the parties in the context of Swedish and Finnish law.

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