CHAPTER 36 - Sweden - Interim Measures in International Arbitration

Author(s):

Kaj I. Hobér

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14 pages

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Published:

May, 2014

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RELIEF PROVIDED BY COURTS

1. (a) Are courts authorized to issue orders of attachment,

injunctions or other provisional orders with respect to

arbitration proceedings?

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-