Sweden - Baker and McKenzie International Arbitration Yearbook 2014-2015
Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015
A. LEGISLATION, TRENDS AND TENDENCIES
No significant legislative changes in relation to arbitration have occurred in Sweden during 2014. International arbitration in Sweden continues to be governed by the Swedish Arbitration Act, which entered into force in 1999.
A.2 Trends and Tendencies
In February 2014, a parliamentary committee was appointed by the Swedish Government to review and modernize the Swedish Arbitration Act. The committee has been instructed to submit its report, including proposals for revisions of the Swedish Arbitration Act, by August 15, 2015.
The issues to be addressed by the committee include: the need for specific provisions in the Arbitration Act for multi-party disputes; measures to further enhance efficient court procedures in challenge proceedings; possible measures by which challenge proceedings before Swedish courts in cases involving international parties may be held in English; and potential new provisions of the Swedish Arbitration Act to determine the applicable law for the dispute.
B.1 Violation of Public Policy
A party sought annulment of an SCC award, alleging that the award violated fundamental principles of Swedish law on the protection of property and freedom of contract because it had deviated from the conditions agreed by the parties for the transfer of ownership. The court concluded that this case was not so exceptional as to constitute an application of the law leading to unreasonable results, and therefore the award did not violate public policy.4