Sweden

Artificial Intelligence, Construction arbitration, ESG, SCC, Sport arbitration, Sweden

(SCC Arbitration Institute) and (Magnusson)/ /Leave a comment

On 23 November 2023, Young Arbitrators Sweden (YAS) held its fifteenth annual Arbitration Day (Sw. skiljeförfarandedagen) at the historic Central Post Office Building (Sw. Posthuset), the home of the Stockholm International Hearing Centre (SIHC). This year, YAS celebrates a milestone of 20 years since its founding and the larger venue reflects the ongoing success of…

Achmea, CJEU, Energy Charter Treaty, Intra-EU BITs, Intra-EU Investment Arbitration, Sweden

(Roschier Attorneys, Ltd.)/ /Leave a comment

The Court of Justice of the European Union (CJEU) ruled in Komstroy (C-741/19, Sept, 2021) that the dispute resolution mechanism of the 1994 Energy Charter Treaty (ECT) does not apply in intra-EU investment disputes. The ruling was interpreted by some as the beginning of the end of intra-EU investment arbitration. A recent decision by the…

Diversity, Secretary of the Arbitral Tribunal, Sweden, Third party funding, Young Arbitration

(SCC Arbitration Institute) and , (Hannes Snellman)/ /Leave a comment

It was St Martin’s Eve on 10 November 2022, a day also known in Sweden as “Martin’s goose” (Sw. Mårtensgås). As the Swedish name suggests, the St Martin’s Eve custom involves a three-course goose dinner in which all parts of the goose are used and finished with apple cake. It is particularly popular in Scania…

Procedural Error, Set aside an arbitral award, Set aside an international arbitral award, Sweden, Swedish Arbitration Act

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On 1 December 2021, the Svea Court of Appeal in Stockholm rejected Kibar Enerji Anonim Sirketi’s request to set aside an arbitral award in a dispute with Gazprom Export LLC over contract pricing of natural gas. Kibar alleged that the arbitral tribunal had exceeded its mandate and had also committed a procedural error when issuing…

2020 In Review, Applicable Law, Arbitration Agreement, Australia, English courts, French Law, Governing Law, Law governing the arbitration agreement, Pacific Islands, Paris Court of Appeal, Proper law of arbitration agreement, Singapore, Sweden

(Mihaela Maravela Law Office) and , / /Leave a comment

2020 saw important case law developments concerning the proper law of arbitration agreements, where the seat of the arbitration is in a different jurisdiction from the governing law of the main contract, particularly in the UK. However, various jurisdictions have adopted different approaches to this issue. It remains to be seen which jurisdictions will follow…

Applicable Law, Arbitration Agreement, Set aside an international arbitral award, Sweden

(University of Aberdeen)/ /Leave a comment

In a recent judgement in the proceedings for setting aside an arbitral award, the Swedish Court of Appeal addressed issues concerning the law applicable to an arbitration agreement, the validity of an arbitration agreement, the due process standard applicable in cross-examination, and the procedural error of rendering an award without considering all the arguments raised…

Enforcement, Investment Arbitration, Sovereign Immunity, Sweden

(SCC Arbitration Institute) and (MAGNUSSON)/ /Leave a comment
YIAG

The latest decision in the long running investment dispute saga of Stati, Ascom and others v. Kazakhstan came in June 2020, when the Svea Court of Appeal (Svea hovrätt) in Sweden annulled the Swedish Enforcement Agency’s (Kronofogden) (EA) attachment decisions. In this case, the Court of Appeal’s decision effectively expanded the definition of property covered…

Annulment, Finality, Procedural Error, Procedural Order, Sweden

(University of Aberdeen)/ /Leave a comment

In a recent judgement, the Swedish Supreme Court rejected an appeal against the decision of the first instance which set aside an arbitral award in part due to a procedural error of the arbitral tribunal. The particularity of this case stems from the fact that the procedural error derived from an earlier procedural order of…

Arbitration institution, Interview, Interviews with Our Editors, SCC, SCC Rules, Sweden, UNCITRAL

(Hogan Lovells)/ /Leave a comment

    Welcome to the Kluwer Arbitration Blog, Ms. Magnusson! We are grateful for this opportunity to learn more about the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) and your experience with international arbitration in the region.   To start, could you briefly introduce yourself and explain your role at SCC? Thank you….

Arbitration, Arbitration Act, Sweden

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  Introduction On November 21, 2018, the Swedish Parliament adopted revisions to the Swedish Arbitration Act with the aim of modernizing it to further facilitate effective and attractive international and domestic arbitration in Sweden. The welcomed revisions will become effective for arbitrations commenced from March 1, 2019,1) The exceptions for application to arbitrations commenced after…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Costs, Costs in arbitral proceedings, International arbitration, Investment Arbitration, Sweden, Third party funding

, , (Roschier Attorneys, Ltd.)/ /Leave a comment

Introduction Despite a rapid emergence at a global stage, third-party funding (TPF) appears yet as unfamiliar to businesses in the Nordic region. According to a survey included in the 2018 edition of the Roschier Disputes Index, merely 5 per cent of the Nordic companies have used TPF for financing litigation or enforcement proceedings. Arguably, these…

Arbitration, Arbitration Act, Set aside an arbitral award, Sweden

(Mannheimer Swartling)/ /Leave a comment

After almost 20 years, the Swedish Arbitration Act (“SAA” or “Act”) may be getting a well-deserved face lift. In February 2014, the Swedish Government decided to take definitive steps to begin modernising the Act. The purpose of the reform was to bring Swedish arbitration law more in line with certain advancements in arbitration and to…

Arbitration Institutions and Rules, Arbitration Proceedings, Expedited arbitration, SCC, SCC Rules, Sweden

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“In its origins, the concept of arbitration as a method of resolving disputes was a simple one . . . . Two traders, in dispute over the price or quality of goods delivered, would turn to a third whom they knew and trusted for his decision.” (Redfern & Hunter 2014 at 1-03) Arbitration has strayed…

BIT, European Commission, European Law, European Union, ICSID Convention, Intra-EU BITs, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Poland, Sweden

(Stockholm University)/ /1 Comment

On 8 March 2017, the Romanian Parliament sent to the Romanian President for promulgation the Law allowing for the termination of the Bilateral Investment Treaties between Romania and other Member States of the European Union (“Intra-EU BITs”). This comes after Poland adopted a similar measure at the beginning of January 2017 and with the European…

Arbitration Agreements, Arbitration clause, Law governing the arbitration agreement, Sweden

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Under the Swedish law, when the parties failed to choose the applicable law, their arbitration agreement is governed by the law of the seat of the arbitration, provided that the parties have specified the seat in their agreement. That much is clear. However, when the parties have not stipulated a seat in their agreement, there…

Arbitration, Arbitration Proceedings, Arbitrator's Fees, Set aside an arbitral award, Set aside an international arbitral award, Sweden

(Climate Change Counsel)/ /Leave a comment

The Swedish Arbitration Act [“Act”] is currently under review. In 2014, 15 years after the Act first entered into force, a committee was given the task of assessing how well it has worked in practice and how it measures up internationally. According to the committee’s terms of reference, the primary motivation behind the review is…

Applicable Law, Arbitration Agreements, Arbitration Proceedings, Bankruptcy and arbitration, Sweden

(University of Aberdeen)/ /1 Comment

The effects of bankruptcy on arbitration remain unclear and they differ from jurisdiction to jurisdiction. Although being oft-discussed in doctrine as well in court and arbitral practice, there is still no uniform answer to the question of which law governs such effects. We saw this question again in the Svea Court of Appeal’s [“Svea Court”]…

Arbitration Agreements, Arbitration Institutions and Rules, Commercial Arbitration, Hybrid arbitration clause, Set aside an international arbitral award, Sweden

(University of Aberdeen)/ /1 Comment

Party autonomy is a well-established cornerstone of arbitration, which treats the parties as the true creators of the arbitral procedure. Hybrid arbitration clauses are built on this cornerstone. In a certain type of hybrid arbitration clause, the parties place the administration of arbitration in the hands of one arbitration institution by using the rules of…

Amicus Curiae, European Commission, European Law, European Union, Fair and Equitable Treatment, ICSID Arbitration, ICSID Convention, Injunction, Investment Arbitration, Review on the merits, Romania, Sweden, Uncategorized

(University of Aberdeen )/ /Leave a comment

 ‘By putting its head in the sand, the ostrich can see no problems, and if it can’t see any problems, they don’t exist”[1] To what extent can legal systems differ? Can these differences be legitimate enough to collapse a “conflictive” legal system? These two ambitious questions are difficult to be answered in one go, and…

Appeal, Arbitration Agreements, Sweden

(Kadelburger Law)/ /Leave a comment

In the Swedish case Profura v. Blomgren (T 2863-07, Court of Appeals for Western Sweden), from 19 March 2008 known as Profura v. Stig Blomgren, an appeal was brought against award according to which the arbitral tribunal had rejected its jurisdiction.1)Case also commented in Hobér, Kaj, International Commercial Arbitration in Sweden, 2011, p. 110. The…