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

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I. INTRODUCTION

The Swedish Arbitration Act of 1999 (“the Act”)  distinguishes between awards made in Sweden and foreign awards.  Unless otherwise specified, this Report comments only on awards made in Sweden, even though they concern international matters.  The Act contains several provisions about arbitral awards made in Sweden, starting with a chapter that regulates the form and content of an award,  then proceeding with provisions in respect of invalidity and recourse,  and concluding with the recognition and enforcement of foreign awards.  As might be expected, the formal treatment of the subject is similar to that of the UNCITRAL Model Law,  but the contents differ in a number of respects. This Report will begin with a summary of what the Act says about arbitral awards, it will then draw attention to some differences between the Act and the Model Law before going on to make some comments and ask some questions.

The Rapporteur requests that allowance be made for the fact that he is not a Swedish lawyer. Further, he has not studied the “Travaux préparatoires” which need to be read in conjunction with the Act.