Arbitral Jurisdiction in Multi-Contract Relations : A Comparative Study of Swedish, Swiss and English Law

Abstract: Questions concerning arbitral jurisdiction in multi-contract relations often arise, not least due to the increased globalisation involving ever more intricate commercial transactions and the ensuing growth of arbitration in cross-border commercial settings. Arbitral jurisdiction is grounded entirely in the consent of the parties. The arbitration agreement is an expression of the common intention of the parties to submit to arbitration instead of litigation; it is an exercise of party autonomy, by means of which the parties waive the right of access to court.  This thesis analyses the question whether an arbitration agreement contained in one contract can be considered to apply to disputes concerning other contracts between the same parties. The question embraces layers of complexity, constituting the context of the analysis. For instance, the situations involving several contracts may vary almost infinitely. Moreover, both rules of procedural law and contract law are of importance. In addition, the issue of arbitral jurisdiction may arise both in arbitration and court proceedings as well as in proceedings for the setting aside and for the enforcement of arbitral awards.This thesis compares how the legal systems of Sweden, Switzerland and England - three prominent international arbitration jurisdictions - have addressed the problem of jurisdiction in multi-contract relations. The thesis investigates three arbitral jurisdiction factors, namely the requirement of a defined legal relationship, the scope of the arbitration agreement and the identity of the matter in dispute. The comparison shows that there is an interaction between rules specifically governing arbitration and contract law on the one hand, and procedural law on the other and uncovers several differences between the legal systems under analysis. The thesis also explores certain normative implications, in terms of overarching values and general principles that permeate the legal regimes of the three legal systems, such as the right of access to court, party autonomy, legal certainty, procedural economy as well as the advantages of arbitration. The thesis concludes that the legal systems under analysis, despite their largely different procedural and contractual settings, have proven to be sensitive to the pressures of globalisation and to the demand for more generous access to arbitration.