Arbitration Reform in Sweden - Chapter 8 - 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

8.1 Introduction

1 April 1999 is an important date in the history of Swedish arbitration. On that date the new Swedish Arbitration Act (the Act) entered into force. On the same date, the new Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Rules) also took effect. After years of preparation, the 1929 Swedish Arbitration Act and the 1929 Act Concerning Foreign Arbitration Agreements and Awards were replaced by the Act. The SCC Rules have been prepared on the basis of, and taking account of, the Act. The Act and the Rules together constitute an efficient and comprehensive collection of arbitration provisions and rules relating to arbitrations in Sweden.

Commercial arbitration has a long tradition in Sweden. It probably goes back to the fourteenth century. The first comprehensive Swedish Arbitration Act was not, however, adopted until 1887. It was replaced by the 1929 Arbitration Act. For 70 years this Act provided a satisfactory legislative framework for commercial arbitration – both domestic and international – in Sweden. The explanation for this state of affairs is in all likelihood the autonomy which the arbitral process has always enjoyed under Swedish law. Swedish courts have mostly adhered to a policy of non-interference with arbitration. Arbitral awards are set aside only on narrowly defined procedural grounds, e.g. if the procedure violates the agreement of the parties or if it fails to meet minimum standards of due process. It has long been a well-established principle that arbitral awards cannot be reviewed or retried on the merits. The underlying philosophy is, and has always been, that of freedom of contract, trust in the arbitrators and recognition of the advantages of a single, privately administered dispute settlement mechanism. The Act is also permeated by this philosophy.

Table of Contents:

8. Arbitration Reform in Sweden

8.1 Introduction

8.2 The Arbitration Agreement

8.3 The Arbitrators

8.4 The Procedure

8.5 The Award

8.6 Finality and Enforceability of Arbitral Awards