Svea Court of Appeal: right to raise jurisdictional objection forfeited despite lack of actual knowledge as to circumstances giving rise to objections | Practical Law
The Svea Court of Appeal has dismissed Ukrnafta’s claim for a declaration that the arbitral tribunal, in the dispute with Carpatsky Petroleum Corporation, lacked jurisdiction. Ukrnafta had an extended duty to investigate the identity of the claimant upon receipt of the Request for Arbitration and should have raised its jurisdictional objections in the Statement of Defence. Ukrnafta’s failure to do so, despite its lack of actual knowledge of the circumstances giving rise to jurisdictional objections, precluded it from objecting at a later stage.