Technology disputes—Sweden—Q&A guide

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

  • Technology disputes—Sweden—Q&A guide
  • 1. What are the most common issues that arise in connection to technology contracts? What actions should be considered when these issues arise? (For example, what steps should parties take to protect their rights while negotiating with the other side? Can they agree to suspend time running? How can they preserve any claims that may have arisen?)
  • 2. How can a contract be terminated in your jurisdiction? What considerations should be taken into account when deciding whether and how to terminate a technology contract?
  • 3. Is it possible to have conversations aimed at settling a dispute which cannot subsequently be used as evidence in legal proceedings if the dispute is not resolved? If so, what formalities are required (if any)? If not, how should confidentiality be preserved through mutual agreement?
  • 4. If a settlement is reached, what formalities are required in your jurisdiction for the settlement to be enforceable?
  • 5. What causes of action commonly arise in connection to a contract for hardware or software design, implementation and licensing? What elements must be established to succeed in these claims? (Can any non-contractual claims be brought, such as liability for pre-contractual statements?)
  • 6. Has your jurisdiction enacted any legislation providing additional protection for business purchasers of hardware, software or associated licences? (For example, are any rights, duties or other terms implied by statute, including a duty of good faith?) What practicalities should be considered when bringing statutory claims?
  • 7. What defences are available against the most common claims raised in technology disputes? What elements must be established for these defences to succeed?
  • 8. What limitation periods apply for bringing claims in your jurisdiction? (Please indicate whether different periods apply for different types of claim.)
  • 9. What pre-action steps are required or advised before bringing legal action? (For example, is pre-action mediation mandatory in your jurisdiction?)
  • More...

Technology disputes—Sweden—Q&A guide

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

Authors: TIME DANOWSKY Advokatbyrå AB—Andreas Eriksson

1. What are the most common issues that arise in connection to technology contracts? What actions should be considered when these issues arise? (For example, what steps should parties take to protect their rights while negotiating with the other side? Can they agree to suspend time running? How can they preserve any claims that may have arisen?)

Disputes in connection with technology contracts often concern delays or requirements that have not been met in implementation or development projects. Licence issues and disputes over trade secrets are also relatively frequent, especially after long-term relationships have ended.

In delay or requirements disputes, the contract often sets out specific escalation mechanisms that need to be followed when raising an issue or presenting a claim. It is also a general principle of Swedish contractual law that a party that wants to invoke a breach of contract must give notice of the breach within reasonable time after that party became aware or ought to have become aware of the breach. The length of the reasonable time varies depending on the type of contract and the breach at issue, but is typically counted in days

Popular documents