Originally from:
Practitioner's Handbook On International Arbitration And Mediation- 3rd Edition - Hardcover
Practitioner's Handbook On International Arbitration And Mediation- 3rd Edition - Electronic
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Sweden
Kaj Hobér*
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.
The leading institution in Sweden is the Arbitration Institute of the
Stockholm Chamber of Commerce (“the SCC Institute”). It is the centre
for institutional arbitrations in Sweden. For a number of years, the SCC
Institute has been in a unique position with respect to trade disputes
between Western businesses and entities of Eastern Europe. Arbitrations
under the auspices of the SCC Institute cover many areas of international
arbitration, such as sales contracts, construction projects, license
