Languages

English (active)
Swedish (active)

Professional Experience in International Commercial Arbitration (Experience as Chairman / Sole Arbitrator / Co-Arbitrator / Party Representative)

• Recent experience includes, inter alia, the following (other than China related cases mentioned further below):
• adviser to a Swedish seller of production lines for the defence industry in a dispute against a third party sovereign state-owner of a foreign trade entity/buyer under a contract governed by French law and providing for ICC (International Chamber of Commerce) arbitration in Paris, concerning breaches of the contract,
• counsel to an African buyer in a pre-arbitration dispute against a European manufacturer concerning the manufacture and purchase of several aircraft under a contract governed by Swedish law and providing for SCC (Stockholm Chamber of Commerce) arbitration in Stockholm,
• adviser to an international law firm acting as counsel to a group of European investors in the gas and oil industries in an SCC (Stockholm Chamber of Commerce) bilateral investment treaty arbitration in Stockholm against a sovereign state,
• adviser to an international law firm acting as counsel in a pre-arbitration dispute concerning the sale, construction and delivery of several ships against, inter alia, a third party sovereign state-owner of a foreign trade entity/buyer under a contract governed by Swedish law and providing for ad hoc arbitration in Sweden,
• counsel to a Norwegian shipping company in an ad hoc arbitration in Sweden against a Swedish company concerning a long term submarine communications cables maintenance contract,
• adviser to an international law firm acting as counsel to a mining company in an SCC (Stockholm Chamber of Commerce) multi party arbitration in Stockholm against, inter alia, a sovereign state (Newmont Mining v. the Republic of Uzbekistan et al., see Global Arbitration Review briefing 3 August 2007),
• counsel to a Swedish purchaser of an Asian company in the rubber industry under contracts governed by English law in a multi party LCIA (London Court of International Arbitration) arbitration in London against Australian sellers,
• counsel to a UK investor in the telecommunications industry bringing a challenge against a sovereign state in the Swedish Svea Court of Appeal and Supreme Court to an arbitral award made in Stockholm under the UK-Czech bilateral investment treaty (Nagel v. the Czech Republic, see Stockholm International Arbitration Review 2006:2),
• counsel to a European manufacturer of trains in an ICC (International Chamber of Commerce) arbitration in Sweden against a European buyer and partner concerning rolling stock construction contracts governed by Swedish law,
• counsel to a Dutch investor in the television broadcast industry resisting a challenge by a sovereign state in the Swedish Svea Court of Appeal to an arbitral award made in Stockholm under the Dutch-Czech bilateral investment treaty and the UNCITRAL Arbitration Rules (CME v. the Czech Republic, see Stockholm Arbitration Report 2003:2)

Professional Experience in China related Matters

Recent experience in China related matters includes, inter alia, the following:

• counsel to the bankruptcy estate of a Swedish seller/manufacturer bringing a claim against a Chinese buyer/end user regarding the supply of machinery under a contract governed by the international sales convention (CISG) and providing for CIETAC (China International Economic and Trade Arbitration Commission) arbitration in Beijing, where the Chinese party is bringing a set-off claim before the Swedish bankruptcy court,
• counsel to a Chinese buyer in a pre-arbitration dispute against a Danish supplier of machinery under a contract governed by the international sales convention (CISG) and Swedish law, providing for SCC (Stockholm Chamber of Commerce) arbitration in Stockholm,
• counsel to an African seller in a pre-arbitration dispute against a Chinese buyer and end user concerning the construction and sale of several aircraft under a contract governed by Swedish law and providing for SCC (Stockholm Chamber of Commerce) arbitration in Stockholm,
• counsel to a Swedish manufacturer in a dispute against a Chinese customer concerning a plant supply and installation agreement governed by Swedish law and providing for SCC (Stockholm Chamber of Commerce) arbitration in Stockholm,
• adviser to a Chinese law firm on the right to damages under Swedish law and the international sales convention (CISG) following from a breach of a Danish-Chinese supply contract,
• counsel to a Chinese respondent in Swedish court litigation against a Swedish claimant concerning a supply agreement.

Professional Experience in Certain Industries

As follows from the above, Paulo Fohlin has experience of dispute resolution in a variety of industry sectors (which are not all set out here). Examples include sale/manufacture/delivery of commodities and goods, as well as rolling stock and aircraft, and sale/manufacture/erection of machinery and plants for DVD, cement, and power production, and for other purposes. Other examples of matters include license and similar agreements regarding inventions for the indoor-climate industry, and for the rubber tyres, chemicals and plastics industries. Shipping disputes have involved, inter alia, oil bunkering, maintenance of submarine communications cables, and mapping out the ocean bed for electric power transmission cables, as well as defective vessel machinery. Additional matters have concerned, inter alia, directors’ and auditors’ and other professionals’ negligence in connection with e.g. banks’ and financial institutions’ lending and other activities, and valuation of loans and other assets in annual reports. Paulo Fohlin has also been engaged in Swedish construction cases. 

Education

Education includes, inter alia, the following:

Diploma in International Commercial Arbitration with the Chartered Institute of Arbitrators (DiplCArb), 2007.

LL M Uppsala University Law Faculty, Sweden, 1988.

Studies as a scholarship holder in, inter alia, contracts and torts at University of Minnesota Law School, USA, 1985.

Further Special Information  

Paulo Fohlin’s 20 years’ experience of dispute resolution predominantly relates to acting as party representative. He has previously acted as arbitrator in a handful of Swedish ad hoc arbitrations, either as co-arbitrator or as sole arbitrator. Over the years he has regularly attained recognition in leading international dispute resolution directories.

He has spoken on arbitration at, inter alia, the following events:

• a BAC (Beijing Arbitration Commission) and the Chartered Institute of Arbitrators (East Asia Branch) course for Chinese arbitration practitioners in Beijing, 2008,
• a CCPIT (China Council for the Promotion of International Trade), Ningbo Sub-Council, and CIETAC (China International Economic and Trade Arbitration Commission), Ningbo Sub-Commission, seminar in Ningbo, 2007,
• Swedish VJS Foundation courses for Swedish arbitration practitioners in Stockholm, 2004 and 2005.

He has been a teacher and lecturer in, inter alia, contracts and sales law at Uppsala University Faculty of Law and Gothenburg University Faculty of Law.

Publications

• Author of the book Avtalstolkning, Iustus Förlag, Uppsala, 1989, on the formation and interpretation of contracts under Swedish law, and of the following articles on litigation and arbitration (most of them available at www.vinge.se):
• A Case for a Right of Appeal from Negative Jurisdictional Rulings in International Arbitrations Governed by the UNCITRAL Model Law, Asian Dispute Review, October 2008,
• Changes to the Code of Judicial Procedure Imminent, International Law Office Newsletter, 21 October, 2008,
• China/Sweden Arbitrations: Hong Kong and Sweden, General Chapter in Global Legal Group’s International Comparative Legal Guide to International Arbitration 2008,
• Supreme Court Clarifies Doctrine of Assertion in Investment Arbitration, International Law Office Newsletter, 27 May 2008,
• The doctrine of assertion and jurisdictional issues in investment arbitration, Arbitraje comercial y arbitraje de inversión. El arbitraje en el Perú y el mundo, Instituto Peruano de arbitraje, 2008,
• Supreme Court Sets Aside Arbitral Award Due to Lack of Impartiality, International Law Office Newsletter, 18 December 2007,
• Court of Appeal Ruling on Arbitrator’s Impartiality and Mandate, International Law Office Newsletter, 10 July 2007,
• China/Sweden Arbitrations, General Chapter in Global Legal Group’s International Comparative Legal Guide to International Arbitration 2007,
• The Swedish Arbitration Act of 1999, Five Years On: A Critical Review of Strenghts and Weaknesses
• JurisNet, LLC 2006, 630 s., JT 2006-07 nr 3, s. 734,
• Is an Arbitration Institute Decision on Arbitrators’ Fees Final?, International Law Office Newsletter, 6 March 2007,
• General Report Class Actions, Civil Litigation Commission, AIJA Annual Congress, 2006,
• Court of Appeal Rules on Arbitrator’s Impartiality, International Law Office Newsletter, 17 October 2006,
• Court Rules on Doctrine of Assertion, International Law Office Newsletter, 23 May 2006,
• Court Rules on Forfeiture of Right to Rely on Arbitration Agreement, International Law Office Newsletter, 2 May 2006,
• Court of Appeal Partially Sets Aside Award, International Law Office Newsletter, 24 January 2006,
• Arbitration under Investment Treaties, National Report of Sweden, International Arbitration Commission, AIJA Annual Congress, 2005,
• Court Rules on Jurisdiction under Article 5(1) of Brussels Convention, International Law Office Newsletter, 11 October 2005,
• Court Rules on Waiver of Right to Arbitrate, International Law Office Newsletter, 31 May 2005,
• Final Decision on Arbitrator’s Impartiality, International Law Office Newsletter, 1 February 2005,
• Court Confirms Narrow Application of Public Order, International Law Office Newsletter, 26 October 2004,
• Damage Estimation Applies to Arbitration, International Law Office Newsletter, 13 July 2004,
• Supreme Court Clarifies Interim Security Measures, International Law Office Newsletter, 16 March 2004,
• The Validity of Arbitration Clauses in Bankruptcy Proceedings, International Law Office Newsletter, 31 May 2003,
• Arbitration Award Incompatible With ”Fundamental Principles”, International Law Office Newsletter, 10 December 2002,
• Default Judgments Allowed in Order to Increase Efficiency, International Law Office Newsletter, 24 September 2002,
• Government Introduces Class Actions, International Law Office Newsletter, 9 July 2002,
• Overview Swedish Civil Procedure, International Law Office Newsletter, 14 May 2002,
• Suggested Changes to the Swedish Code of Judicial Procedure, International Law Office Newsletter, 12 February 2002.

Memberships

Memberships include, inter alia, the following:

• Fellow of the Chartered Institute of Arbitrators (FCIArb).
• Co-opted member of the Committee of the Chartered Institute of Arbitrators (East Asia Branch).
• Member of the Editorial Board of Asian Dispute Review.
• Member of ICC (International Chamber of Commerce) Hong Kong Standing Commission of Arbitration.
• Member of the Swedish Arbitration Association.
• Member of the Swedish Bar Association.
• Foreign lawyer of Hong Kong Law Society.