This Practice Note considers how to challenge the arbitral tribunal’s jurisdiction under Swedish law. It considers the arbitrator(s)/tribunal’s power to determine its own jurisdiction under section 2 of Swedish Arbitration Act and the court’s powers to review that decision. The arbitrators must consider separability and the doctrine of assertions in their deliberations. The Practice Note also covers the consequences of the tribunal finding that it does or does not have jurisdiction to determine the dispute. The Practice Note also covers the difference between a decision and an award on jurisdiction by the tribunal.
This Practice Notes considers the recognition and enforcement of arbitral (arbitration) awards in Sweden. It covers the application to the Svea Court of Appeal under the Swedish Arbitration Act for exequatur and the role of the Swedish Enforcement Agency. It also covers the grounds of refusal available under the New York Convention. The Practice Note also covers the court’s power to stay the proceedings pending the outcome of proceedings in the jurisdiction where the award was made.
This Practice Note sets out the interim remedies available in Sweden in support of arbitration. It covers remedies available from the tribunal and the courts under the Swedish Arbitration Act.
This Practice Note sets out the concept of state (sovereign) immunity under Swedish law. Swedish law distinguishes between acts of the state in a commercial and sovereign capacity. It also discusses how the issue of state immunity arises in the context of international arbitration. The note covers the Swedish Supreme Court decision in Sedelmayer and the distinction between state and diplomatic immunity.
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