Advocacy in International Commercial Arbitration - Sweden - Chapter 9 - Essays on International Arbitration

Kaj Hobér is a Partner of Mannheimer Swartling, resident Stockholm office and Professor of East European Commercial Law at Uppsala University, Uppsala. His practice areas include: international arbitration, East European law, international investment and trade, international business transactions. He has been heavily involved in the legal aspects of doing business in Eastern Europe and the former Soviet Union for the last 20 years. His arbitration experience includes representing both eastern and western European, American and Russian parties as well as parties from developing countries in international arbitrations taking place in Stockholm, Moscow, London, Paris, New York, Vienna and elsewhere. Mr. Hobér has also been involved in numerous oil arbitrations, relating primarily to northern Africa, the Middle East and the former Soviet Union and has acted as arbitrator in more than 150 international arbitrations (including chairmanships) and as counsel in approximately 150 international arbitrations.

Professional memberships include: member of the Swedish Bar Association; member of the American Bar Association; member of the Board of the Swedish Scientific Institute of Arbitration Law, the Board of the Arbitration Institute of the Stockholm Chamber of Commerce, the International Arbitration Club (London) and member of the ICC Institute of International Business and Law (corresponding member). He has been listed as arbitrator on the panels of the Austrian Federal Chamber of Commerce, Vienna, the Chamber of Commerce and Industry of the Russian Federation, Moscow, the Ukrainian Chamber of Commerce, Kiev, the American Arbitration Association and of the ICSID Arbitration Center, Washington DC. He is also a Commissioner at the United Nations Compensation Commission in Geneva.

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Originally from Essays on International Arbitration

Sweden, and in particular Stockholm, has since long been the place of many international arbitrations. Under Swedish law, there is no requirement that Swedish lawyers participate in such arbitrations. There is no requirement by law or practice to use Swedish citizens as neither arbitrators nor counsel. For all practical purposes, however, Swedish lawyers play important roles in international arbitrations in Sweden, as counsel, arbitrators and in other capacities. The legal education, training, attitudes and traditions of Swedish lawyers therefore influence the conduct of international arbitrations in Sweden. Needless to say, this is particularly true when the chairman of the tribunal is a Swedish lawyer and when Swedish attorneys act as lead counsel.

The account which follows is not based on a strict analysis of statutory provisions, nor of a specific set of arbitration rules, but rather on practical experience of international arbitrations conducted in Sweden. This does not mean that legislation on arbitration and arbitration rules lack importance. Oftentimes they will provide useful guidelines, and sometimes even solutions, to matters discussed in this article.

In my experience the different arbitration cultures which exist are converging more and more today, such that it is perhaps even possible to speak of a culture of international commercial arbitration. There is an ever-growing number of lawyers who take part in international arbitrations as counsel and as arbitrators. A common approach to the conduct of international arbitrations is gradually developing. Differences do, however, remain.

Table of Contents:

9. Advocacy in International Commercial Arbitration: Sweden

9.1        Introduction
9.2        General Principles of Swedish Judicial Procedure
9.3        Swedish Arbitration Procedure
9.4        Written Submissions
9.5 Evidence
9.6        Production of Documents
9.7        Hearing of Witnesses
9.8        Hearing of Experts
9.9        Inspection of the Subject Matter of the Dispute