Interim remedies in support of arbitration in Sweden
Published by a LexisNexis Arbitration expert
Practice notesInterim remedies in support of arbitration in Sweden
Published by a LexisNexis Arbitration expert
Practice notesInterim remedies from the tribunal
The Swedish Arbitration Act (SAA) applies to all arbitrations which are seated in Sweden, notwithstanding that the dispute may have an international connection (Section 46 of the SAA).
As provided under Section 25, paragraph 4 of the SAA, interim remedies, which are referred to as 'provisional and conservatory measures', are available in International arbitration proceedings in Sweden.
Section 25, paragraph 4 of the SAA provides that, unless the parties have otherwise agreed, the Arbitral Tribunal may, on motion of one party, order provisional or conservatory measures. The arbitral tribunal may prescribe that the party requesting the interim measure must provide reasonable security for the damages the opposing party may incur as a result of such interim measure. A similar provision concerning the power to order interim measures is found in the 2023 arbitration rules of the SCC Arbitration Institute (the SCC Rules), Section 37.
The most important thing to observe is that decisions of the tribunal under Section 25, paragaph 4 of the SAA are not enforceable, and they
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Jurisdiction(s):
United Kingdom
Key definition:
Arbitration definition
What does Arbitration mean?
Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.
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