Sweden - Chapter III.8 - Practitioner's Handbook On International Arbitration And Mediation- 3rd Edition

Kaj Hober is a Partner with Mannheimer Swartling in Stockholm where he specializes in international arbitration and Eastern European law, particularly where commercial transactions are involved. He is also Professor of East European Commercial Law at Uppsala University. From 1997 to 2000 he was responsible for the Mannheimer Swartling’s Moscow office. Mr. Hober has over 20 years experience as counsel and arbitrator in over 300 international arbitrations. He is Chair of the IBA sub-committee on Investment Treaty Arbitration, Vic Chair of the board of the Arbitration Institute of the Stockholm Chamber of Commerce, the International Arbitration Club (London) and a member of the ICC Institute of International Business and Law (corresponding member) and a Commissioner at the United Nations Compensation Commission in Geneva.

PDF272.55 KB

$40.00

Description:

Originally from Practitioner's Handbook On International Arbitration And Mediation- 3rd Edition

Sweden has often been viewed as a neutral arbitration forum for East-West disputes. It has ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Washington Convention on the Settlement of Investment Disputes. Arbitrations in Sweden are governed by the Swedish Arbitration Act, effective on 1 April 1999. Although the Act does not incorporate the UNCITRAL Model Law, it is substantively similar. Sweden allows an arbitration award rendered in its jurisdiction to be challenged as void (in which case the award has no effect, regardless of when it is challenged) or to be challenged as voidable on narrow grounds. Parties without a domicile or place of business in Sweden, however, have the right to waive the grounds for setting aside an award. Sweden’s leading arbitral institute is the Arbitration Institute of the Stockholm Chamber of Commerce. The typical Swedish arbitral tribunal has three arbitrators, but there is no requirement under Swedish law or under the rules of the Stockholm Chamber’s Arbitration Institute that they be Swedish citizens. Parties can be represented by the person of their choice in a Swedish arbitration, and that person need not be a lawyer. This chapter also discusses judicial involvement in arbitration proceedings in Sweden, including the requirements for an enforceable agreement to arbitrate, the qualifications of and right to remove arbitrators, enforcement of foreign arbitral awards in Sweden, the governing law in an arbitration in Sweden, and practical considerations for conducting a hearing.

§ 8.01 Introduction

In Sweden commercial disputes are settled by arbitration to an extent that surpasses that of many other countries. Sweden has a long history of recognizing arbitration as a means of solving disputes.

It is possible to conduct arbitration in Sweden without the use of institutional rules. In such arbitration proceedings, often referred to as ad hoc arbitration, the provisions of the Arbitration Act of 1999 (Lag 1999:116 om skiljeförfarande) (the “SAA”) will apply.

However, institutional arbitration, that is, an arbitration conducted in accordance with the rules of a specified institution, sometimes offers advantages: the institution often assists in the selection of arbitrators and normally continues to keep an eye on the proceedings. And the rules of such institutions are generally designed to avoid or solve those difficulties which occur most frequently in ad hoc arbitrations.

Table of Contents:

§ 8.01 Introduction

§ 8.02 Arbitration Laws and Conventions
[1] Arbitration Statutes Governing International Arbitrations
[2] International Arbitration Conventions Entered By Sweden
[3] Other Considerations of Local Law and Practice
[a] Arbitration Tribunals
[b] Governing Law
[c] Enforcement
[d] Swedish Law
[e] Swedish Courts

§ 8.03 Arbitral Institutions in the Country
[1] Institutions, Addresses, Panels of Arbitrators of the Institution
[2] Fees
[3] Unique Rules: Language of Arbitration, and Nationality of Arbitrators

§ 8.04 Requirement of Local Counsel

§ 8.05 Judicial Involvement in the Arbitral Proceedings
[1] Enforcing and Challenging Agreements to Arbitrate
[a] Procedure for Enforcing Arbitral Agreements
[b] Courts Competent to Hear Actions regarding Validity of an Arbitration Agreement
[c] Requirements for Enforceable Agreement to Arbitrate
[i] Capacity to Enter Contract
[ii] Validity of Arbitration Agreement
[iii] Form of Agreement
[iv] Termination
[d] Grounds for Challenge to an Arbitration Agreement
[i] Agreements to Arbitrate Future Disputes
[ii] Arbitrability
[2] Appointing and Challenging Arbitrators
[a] Qualifications of Arbitrators
[b] Removal
[i] Under the SAA
[ii] Under the SCC Rules
[3] Mandatory Rules regarding the Arbitral Procedure
[4] Discovery
[5] Compensation of Arbitrators
[6] Interim Measures
[7] Enforcement of Foreign Awards

§ 8.06 Practical Considerations Governing Selection of the
Arbitrator
[1] Who will Select the Arbitrator
[a] In General
[b] Failure to Appoint the Second Arbitrator
[c] Where There Is No Agreement on the Third Arbitrator
[d] Failure of a Third Party to Appoint
[e] Multiple Parties
[2] Likely Nationality
[3] Qualifications of Likely Arbitrators

§ 8.07 Governing Law for Arbitrations in Sweden
[1] Procedural Law and Arbitration Rules
[2] Applicable Substantive Law
[a] Applicable Conflict of Laws System
[b] Swedish Conflict of Laws Rules
[i] Party Autonomy
[ii] Public Policy
[iii] Applicable Classification Rules and Limitations Periods
[iv] Non-national Standards

§ 8.08 Practical Considerations for Conducting the Hearing
[1] In General
[2] Witness Testimony
[a] Live or Declarations
[b] Compelling Testimony
[c] Impeachment
[3] Documents
[a] Compelling Production
[b] Presentation of Documents
[4] Language of the Arbitration
[5] Scheduling Hearings

§ 8.09 Formalities for the Award
[1] Time for the Award
[2] Making of the Award
[3] The Award Must Be in Writing and Signed
[4] The Award Must Specify the Place and Date
[5] Reasoned Awards
[6] Delivery of the Award

§ 8.10 Review of Awards
[1] Introduction
[2] Invalid Awards
[a] In General
[b] Non-arbitrability
[c] Violation of Public Policy
[d] Written and Signed Awards
[e] Severability
[f] The Absence of an Arbitration Agreement
[3] Challengeable Awards
[a] In General
[b] Waiver
[c] Timing
[4] Exclusion Agreements
[5] Remission