Contributed By Norburg & Scherp Advokatbyrå
A party has the right to go to court to challenge the jurisdiction of the arbitral tribunal before, during and after the arbitration proceedings (within three months of the award being issued). A party may request a court to declare that the arbitral tribunal lacks jurisdiction under Section 2 of the Arbitration Act both before and during the arbitration proceedings, and regardless of whether the arbitral tribunal has tried its own jurisdiction. A party is also entitled to challenge the jurisdiction of the arbitral tribunal after an award has been rendered under Section 34 or 36 of the Arbitration Act.
It should, however, be noted that a party in challenge proceedings is not entitled to rely upon a circumstance which, through participation in the proceedings without objection or in any other manner, he may be deemed to have waived.