CHAPTER 36 - Sweden - Interim Measures in International Arbitration
Kaj I. Hobér
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Originally from: Interim Measures in International Arbitration
RELIEF PROVIDED BY COURTS
1. (a) Are courts authorized to issue orders of attachment,
injunctions or other provisional orders with respect to
Yes. The general provisions on such measures are stated in Chapter
15 of the Code of Judicial Procedure.
(b) If so, please describe the nature of any such provisional
relief that is available.
A court may order attachment of the opposite party’s assets so that a
monetary claim may be secured on execution and also order attachment
of a specific asset if the dispute concerns the right to the asset. In
addition, a court can grant a wide range of other interim relief to secure
the rights of a party (injunctions). Such measures may include an order
or a prohibition, subject to a penalty, in relation to a certain activity or
act, the appointment of a fiduciary or the issue of an order that in other
ways protects the applicant’s right.
2. What are the conditions that must be satisfied by an applicant for
a court to grant provisional remedies in relation to arbitration?
Courts grant interim relief to parties to an arbitration agreement,
provided that the procedural and substantive law requirements are met.
These prerequisites are set out in the response to question 7 below.
3. (a) If provisional relief in connection with arbitration is
available from a court, may such orders of provisional relief
be in connection with arbitration taking place only in your
country (domestic), or outside the country (foreign) as well?
A court with jurisdiction has the authority to issue an attachment
order or injunction to secure a claim which is to be determined in non-