International Commercial Arbitration at Sweden
Here’s a detailed overview of International Commercial Arbitration in Sweden:
🔷 Legal Framework in Sweden
Swedish Arbitration Act (1999, last amended 2018)
Largely based on the UNCITRAL Model Law on International Commercial Arbitration (1985).
Applies to both domestic and international arbitration if the seat is in Sweden or parties agree to Swedish law.
Emphasizes party autonomy, minimal court intervention, and enforceability of awards.
International Treaties
Sweden is a contracting state to the New York Convention (1958) on Recognition and Enforcement of Foreign Arbitral Awards.
Also a party to the European Convention on International Commercial Arbitration (1961).
🔷 Arbitration Institutions in Sweden
Stockholm Chamber of Commerce (SCC) Arbitration Institute
The most prominent arbitration institution in Sweden.
Known globally for handling high-profile international disputes, especially between East-West businesses.
Provides its own arbitration rules updated regularly (latest is SCC Arbitration Rules 2021).
Offers efficient and flexible procedures with highly experienced arbitrators.
Ad hoc Arbitration
Allowed under Swedish law and used if parties choose to adopt rules like UNCITRAL Arbitration Rules.
🔷 Key Features
Party Autonomy: Freedom to choose arbitrators, seat, language, and procedure.
Efficient Proceedings: Swedish courts provide support but do not interfere with arbitration merits.
Enforcement: Awards are enforceable under the New York Convention framework.
Interim Measures: Courts and arbitrators can grant interim relief and protective measures.
🔷 Role of Swedish Courts
Courts are generally supportive and non-intrusive.
They assist in:
Appointment or challenge of arbitrators when parties cannot agree.
Granting interim measures before or during arbitration.
Enforcement of arbitration agreements and arbitral awards.
Annulment of awards only on limited grounds such as procedural irregularities or public policy violations.
🔷 Common Sectors
International trade and commercial contracts
Shipping and maritime disputes
Construction and engineering
Energy and telecommunications
Intellectual property rights disputes
🔷 Practical Tips
Use the SCC Arbitration Rules for institutional arbitration to benefit from established procedures and experienced arbitrators.
Clearly specify arbitration clauses with the seat in Sweden to benefit from Swedish procedural law.
Consider involving Swedish legal counsel familiar with arbitration law and SCC procedures.
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