@article{84e60d9f-3be1-40e8-8ea5-8388f9cf7b06,
  abstract     = {{This article examines two closely related questions. The first concerns the limits of an arbitral tribunal’s authority to interpret the parties’ procedural acts, particular-ly pleadings of facts. It is argued that a fact may be treated as pleaded only where the party’s intended procedural effect has been expressed clearly and unequivocal-ly. Where uncertainty remains, the tribunal should ordinarily clarify the parties’ positions through its substantive direction of the proceedings rather than resolve ambiguities through extensive interpretative efforts. The second question concerns the classification of errors arising where an arbi-tral tribunal fails to determine the entirety of the dispute submitted by the parties. The article analyses situations in which the tribunal, through mistake, oversight, or misinterpretation of the parties’ procedural acts, determines less than the dispute submitted to it. It is argued that such situations should not merely be regarded as procedural irregularities. Rather, they also constitute failures to exercise the man-date conferred upon the tribunal by the parties. Consequently, both excesses and deficiencies in the exercise of the arbitral mandate should be understood as mani-festations of the same underlying principle: that the tribunal must respect the scope of the proceedings as determined by the parties’ procedural acts. The article has originally been published in Svensk Juristtidning (SvJT) 2025 pages 962–979 under the title “Uppdragsunderskridanden och feltolkning av process-handlingar”}},
  author       = {{Hardenberger, Alexander}},
  issn         = {{2795-0468}},
  keywords     = {{Processrätt; Rättsfaktum; Bevisfaktum; Åberopande; Uppdragsöverskridande; Uppdragsunderskridande; Handläggningsfel; Procedural law; Excess of Mandate; Failure to Exercise the Mandate; e Interpretation of Procedural Acts; Swedish Arbitration Law}},
  language     = {{eng}},
  publisher    = {{Karnov Group}},
  series       = {{Nordic Commercial Law Review}},
  title        = {{Excess of Mandate, Failure to Exercise the Mandate, and the Interpretation of Procedural Acts in Swedish Arbitration Law}},
  url          = {{https://www.karnovgroup.dk/hubfs/denmark/Nordic%20Commercial%20Law%20Review%20-%20Articles/ART20260006-NCLR.pdf}},
  volume       = {{2026}},
  year         = {{2026}},
}