Arbitration—Sweden—Q&A guide

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Arbitration—Sweden—Q&A guide
  • 1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
  • 2. Do bilateral investment treaties exist with other countries?
  • 3. What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?
  • 4. Is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?
  • 5. What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?
  • 6. Is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?
  • 7. What are the most prominent arbitral institutions situated in your jurisdiction?
  • 8. Are there any types of disputes that are not arbitrable?
  • 9. What formal and other requirements exist for an arbitration agreement?
  • More...

Arbitration—Sweden—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in Sweden published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Advokatfirman Delphi—Christopher Stridh; Simon Arvmyren

1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

The New York Convention was ratified without reservations in 1972. The Washington Convention on the Settlement of Investment Disputes of 1965 (the ICSID Convention) was ratified in 1966 and the Energy Charter Treaty in 1997. Since 1929, Sweden has also been a party to the 1927 – seldom applied but still effective – Convention on the Execution of Foreign Arbitral Awards and the 1923 Protocol on Arbitration Clauses.

2. Do bilateral investment treaties exist with other countries?

Sweden is party to some 70 bilateral investment treaties (BITs), which all contain arbitration clauses.

3. What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?

The Swedish Arbitration Act of 1999 (the Arbitration Act; online in English, Russian and Ukrainian) provides the primary legislative

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