Originally from The Swedish Arbitration Act of 1999, Five Years On: A Critical Review of Strengths and Weaknesses

Preview Page

I. INTRODUCTION

Swedish law and practice in international commercial arbitration generally adheres to modern international standard, including as regards the conduct of arbitral proceedings.  Sweden has adopted a flexible approach which seeks to ensure the overarching principles of respecting party autonomy and ensuring the right to be heard in a fair and efficient proceeding.  Although the Swedish Arbitration Act (SAA),  which is based upon the UNCITRAL Model Law (the Model law),  does not deviate from the UNCITRAL approach in any significant matter relating to the conduct of the proceedings, there are a few issues where Sweden has chosen a slightly different approach than the Model law.  These issues will be noted in this report.

This report will provide a general overview of the Swedish approach to some selected issues which arise in the conduct of arbitral proceedings, rather than a comprehensive analysis.   Some particular issues will be given more detailed consideration because they concern matters of current discussion and interest internationally or in Sweden.  The report does not attempt to cover every issue that may arise in connection with the conduct of arbitral proceedings and has purposely avoided those issues which will likely be dealt with in other sessions of the Symposium.  This report is intended to only provide a basis for commentary and discussion at the Symposium.