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Contents
- Preliminary Material
- Main Text
- 1 Introduction
- Preliminary Material
- 1.1 History of Arbitration in Sweden
- 1.2 The Swedish Legal System
- 1.3 The Arbitration Institute of the Stockholm Chamber of Commerce
- 1.4 Sovereign Immunity and International Commercial Arbitration in Sweden
- 1.5 Sovereign Immunity and Arbitration
- 2 Applicable Law
- Preliminary Material
- 2.1 Introduction
- 2.2 Lex Arbitri—The Law Governing the Arbitration
- 2.3 Party Autonomy—Choice of Law by the Parties
- 2.3.1 Introduction
- 2.3.2 The content of party autonomy
- 2.3.3 Exercising party autonomy
- 2.3.4 Restrictions on party autonomy
- 2.3.4.1 General comments
- 2.3.4.2 No reasonable connection
- 2.3.4.3 National public policy
- 2.3.4.4 Mandatory rules of municipal law
- 2.3.4.5 International public policy
- 2.3.4.6 The function of international public policy
- 2.3.4.7 The content of international public policy
- 2.4 No Choice of Law by the Parties
- 2.5 Issues not Covered by the Lex Contractus
- 2.6 Classification Rules
- 2.7 The Law Governing the Arbitration Agreement
- 3 The Arbitration Agreement
- Preliminary Material
- 3.1 Introduction
- 3.2 The Validity of an Arbitration Agreement
- 3.3 Concluding the Arbitration Agreement
- 3.4 Interpretation of Arbitration Agreement
- 3.5 Unenforceability of Arbitration Agreements due to the Swedish Contracts Act
- 3.6 The Doctrine of Separability
- 3.7 Invalidity of the Arbitration Agreement
- 3.8 Arbitrability
- 3.9 Effects of Arbitration Agreement
- 3.124
- 3.9.1 Bar to court proceedings
- 3.9.2 Assistance by courts
- 3.9.3 Rules of organization and procedure
- 3.9.4 Authority of arbitrators
- 3.9.5 Effect of arbitration agreement on third parties
- 3.9.6 Confidentiality
- 3.10 Termination of Arbitration Agreement
- 3.11 Drafting of Arbitration Clauses
- 4 The Arbitrators
- Preliminary Material
- 4.1 Appointment of Arbitrators
- 4.2 Qualifications of Arbitrators
- 4.3 Powers and Duties of Arbitrators
- 4.4 Relation of Arbitrators to the Parties
- 4.5 Challenge and Replacement of Arbitrators
- 4.6 Compensation of Arbitrators
- 5 Jurisdiction of the Arbitral Tribunal
- Preliminary Material
- 5.1 Introduction
- 5.2 Issues Affecting the Jurisdiction of the Arbitrators
- 5.3 The Arbitrators’ Determination of their Jurisdiction
- 5.4 Court Review of the Arbitrators’ Jurisdiction
- 5.5 Anti-suit Injunctions
- 5.6 Rules
- 6 The Procedure Before the Arbitral Tribunal
- Preliminary Material
- 6.1 Introduction
- 6.2 General Principles of Swedish Judicial Procedure
- 6.3 Basic Principles of Arbitration Procedure
- 6.4 Commencing the Arbitration Proceedings
- 6.5 Conduct of the Arbitration
- 6.5.1 General
- 6.5.2 Written submissions
- 6.5.3 Post-hearing briefs
- 6.5.4 Evidence
- 6.5.5 Documentary evidence and production of documents
- 6.5.6 Witnesses and experts
- 6.5.7 Evidence taken with court assistance
- 6.5.8 Hearings
- 7 The Award
- Preliminary Material
- 7.1 Introduction
- 7.2 Principles of Decision
- 7.3 Deliberations and Voting
- 7.4 Different Kinds of Awards and Decisions
- 7.5 Formalities
- 7.6 Reasons and Dissenting Opinions
- 7.7 Interest and Costs
- 7.8 Rendering the Award
- 7.9 Effects of the Award
- 7.10 Correction and Interpretation of the Award
- 8 Setting Aside Arbitral Awards
- Preliminary Material
- 8.1 Invalid and Challengeable Awards
- 8.2 Invalid Arbitral Awards
- 8.3 Challenge of Arbitral Awards
- 8.3.1 Grounds for challenging an award
- 8.3.2 No arbitration agreement
- 8.3.3 Award after the expiration of a time limit for rendering of the award
- 8.3.4 Excess of mandate
- 8.75
- Establishing the scope of the arbitrators’ mandate
- Award ultra petita and award infra petita
- Award based on legal rules that have not been relied on by the parties
- Procedural instructions to the arbitrators
- Res judicata
- The arbitrators’ duty freely to evaluate all evidence
- Mandate and contractual limitations that form part of the merits of the case
- The SAA requires that an excess of mandate probably influenced the outcome of the dispute
- 8.3.5 The arbitration should not have taken place in Sweden
- 8.3.6 Improper appointment of arbitrators
- 8.3.7 One of the arbitrators should have been disqualified
- 8.3.8 Other procedural irregularities
- 8.3.8.1 The irregularities to which the general clause applies
- 8.132
- 8.133
- 8.134
- 8.135
- 8.136
- 8.137
- 8.138
- 8.139
- 8.140
- 8.141
- 8.142
- (a) Violation of due process
- (b) Mistakes in relation to the position taken by a party
- (c) Amendment of claims and dismissal of claims
- (d) Res judicata
- (e) Deviation from mandate or instructions
- (f) Failure to provide reasons
- (g) Arbitrators not participating in the conduct of the proceedings
- (h) Substantive case management
- 8.3.8.2 Probable influence on the outcome of the dispute
- 8.3.8.3 The procedural irregularity must not have been caused by the fault of the challenging party
- 8.3.8.1 The irregularities to which the general clause applies
- 8.4 Waiver of Right to Challenge
- 8.5 Remission of Arbitral Awards
- 8.6 Review of Jurisdictional Awards
- 9 Recognition and Enforcement of Arbitral Awards
- Preliminary Material
- 9.01
- 9.1 Enforcement of Swedish Awards
- 9.2 Enforcement of Foreign Awards
- 9.07
- 9.2.1 Nationality of award
- 9.2.2 Recognition and enforcement
- 9.2.3 The New York Convention v the Swedish Arbitration Act
- 9.2.4 Separate, partial, and interim awards
- 9.2.5 Grounds for refusing recognition and enforcement
- 9.22
- 9.23
- 9.24
- 9.25
- 9.26
- 9.27
- 9.2.5.1 Lack of capacity of the parties and invalidity of arbitration agreement
- 9.2.5.2 Violation of procedural due process
- 9.2.5.3 Excess of mandate
- 9.2.5.4 Improper composition of the arbitral tribunal or improper arbitral procedure
- 9.2.5.5 Arbitral award not binding
- 9.2.5.6 Non-arbitrability
- 9.2.5.7 Public policy
- 9.2.6 Waiver of objections against enforcement
- 9.2.7 Procedures for recognition
- 1 Introduction
- Further Material
- Appendix 1 The Swedish Arbitration Act (SFS 1999:116): (updated as per SFS 2018:1954, entry into force 1 March 2019)
- Appendix 2A Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (2017)
- Model Arbitration Clause
- Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce
- Table of Contents
- Arbitration Rules of The Arbitration Institute of The Stockholm Chamber of CommerceArbitration Institute of The Stockholm Chamber of Commerce
- General Rules
- Commencement of Proceedings
- Composition of the Arbitral Tribunal
- The Proceedings Before the Arbitral Tribunal
- Art.22 Referral to the Arbitral Tribunal
- Art.23 Conduct of the arbitration by the Arbitral Tribunal
- Art.24 Administrative secretary of the Arbitral Tribunal
- Art.25 Seat of arbitration
- Art.26 Language
- Art.27 Applicable law
- Art.28 Case management conference and timetable
- Art.29 Written submissions
- Art.30 Amendments
- Art.31 Evidence
- Art.32 Hearings
- Art.33 Witnesses
- Art.34 Experts appointed by the Arbitral Tribunal
- Art.35 Default
- Art.36 Waiver
- Art.37 Interim measures
- Art.38 Security for costs
- Art.39 Summary procedure
- Art.40 Close of proceedings
- Awards and Decisions
- Costs of the Arbitration
- Miscellaneous
- Appendix I Organisation
- Appendix II Emergency Arbitrator
- Art.1 Emergency Arbitrator
- Art.2 Application for the appointment of an Emergency Arbitrator
- Art.3 Notice
- Art.4 Appointment of the Emergency Arbitrator
- Art.5 Seat of the emergency proceedings
- Art.6 Referral to the Emergency Arbitrator
- Art.7 Conduct of the emergency proceedings
- Art.8 Emergency decisions on interim measures
- Art.9 Binding effect of emergency decisions
- Art.10 Costs of the emergency proceedings
- Appendix III Investment Treaty Disputes
- Appendix IV Schedule Of Costs Arbitration Costs
- Appendix 2B Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce (2017)
- Rules For Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of CommerceAdopted by the Stockholm Chamber of Commerce and In Force as of 1 January 2017
- Table of Contents
- Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of CommerceArbitration Institute of the Stockholm Chamber of Commerce
- General Rules
- Commencement of Proceedings
- Art.6 Request for Arbitration
- Art.7 Registration Fee
- Art.8 Commencement of arbitration
- Art.9 Answer
- Art.10 Request for further details
- Art.11 Agreement on the application of the Arbitration Rules
- Art.12 Decisions by the Board
- Art.13 Dismissal
- Art.14 Joinder of additional parties
- Art.15 Multiple contracts in a single arbitration
- Art.16 Consolidation of arbitrations
- The Arbitrator
- The Proceedings Before the Arbitrator
- Art.23 Referral to the Arbitrator
- Art.24 Conduct of the arbitration
- Art.25 Administrative secretary of the Arbitrator
- Art.26 Seat of arbitration
- Art.27 Language
- Art.28 Applicable law
- Art.29 Case management conference and timetable
- Art.30 Written submissions
- Art.31 Amendments
- Art.32 Evidence
- Art.33 Hearings
- Art.34 Witnesses
- Art.35 Experts appointed by the Arbitrator
- Art.36 Default
- Art.37 Waiver
- Art.38 Interim measures
- Art.39 Security for costs
- Art.40 Summary procedure
- Art.41 Close of proceedings
- Awards and Decisions
- Costs of the Arbitration
- Miscellaneous
- Appendix I Organisation
- Appendix II Emergency Arbitrator
- Art.1 Emergency Arbitrator
- Art.2 Application for the appointment of an Emergency Arbitrator
- Art.3 Notice
- Art.4 Appointment of the Emergency Arbitrator
- Art.5 Seat of the emergency proceedings
- Art.6 Referral to the Emergency Arbitrator
- Art.7 Conduct of the emergency proceedings
- Art.8 Emergency decisions on interim measures
- Art.9 Binding effect of emergency decisions
- Art.10 Costs of the emergency proceedings
- Appendix III Schedule of CostsArbitration Costs
- Appendix 3 SCC Procedures as Appointing Authority under the 2010 Uncitral Arbitration Rules
- Appendix 4 UNCITRAL Model Law on International Commercial Arbitration (1985)
- Ch.I General Provisions
- Art.1 Scope of Application
- Art.2 Definitions and Rules of Interpretation
- Art.2 A International Origin and General Principles (As Adopted by the Commission at its Thirty-Ninth Session, in 2006)
- Art.3 Receipt of Written Communications
- Art.4 Waiver of Right to Object
- Art.5 Extent of Court Intervention
- Art.6 Court or Other Authority for Certain Functions of Arbitration Assistance and Supervision
- Ch.II Arbitration Agreement
- Art.7 Option I Definition and Form of Arbitration Agreement (As Adopted by the Commission at its Thirty-Ninth Session, in 2006)
- Art.7 Definition of Arbitration Agreement (As Adopted by the Commission at its Thirty-Ninth Session, in 2006)
- Art.8 Arbitration Agreement and Substantive Claim Before Court
- Art.9 Arbitration Agreement and Interim Measures by Court
- Ch.III Composition of Arbitral Tribunal
- Ch.IV Jurisdiction of Arbitral Tribunal
- Ch.IV A Interim Measures and Preliminary Orders
- Ch.V Conduct of Arbitral Proceedings
- Art.18 Equal Treatment of Parties
- Art.19 Determination of Rules of Procedure
- Art.20 Place of Arbitration
- Art.21 Commencement of Arbitral Proceedings
- Art.22 Language
- Art.23 Statements of Claim and Defence
- Art.24 Hearings and Written Proceedings
- Art.25 Default of a Party
- Art.26 Expert Appointed by Arbitral Tribunal
- Art.27 Court Assistance in Taking Evidence
- Ch.VI Making of Award and Termination of Proceedings
- Ch.VII Recourse Against Award
- Ch.VIII Recognition and Enforcement of Awards
- Ch.I General Provisions
- Appendix 5 UNCITRAL Arbitration Rules (1976)
- Resolution 31/98 Adopted by the General Assembly on 15 December 1976
- 31/98. Arbitration Rules of the United Nations Commission on International Trade Law
- Uncitral Arbitration Rules
- s.I Introductory rules
- s.II Composition of the Arbitral Tribunal
- s.III Arbitral proceedings
- General Provisions
- Place of Arbitration
- Language
- Statement of Claim
- Statement of Defence
- Amendments to the Claim or Defence
- Pleas as to the Jurisdiction of the Arbitral Tribunal
- Further Written Statements
- Periods of Time
- Evidence and Hearings (Articles 24 and 25)
- Interim Measures of Protection
- Experts
- Default
- Closure of Hearings
- Waiver of Rules
- s.IV The award
- Uncitral Arbitration Rules
- 31/98. Arbitration Rules of the United Nations Commission on International Trade Law
- Resolution 31/98 Adopted by the General Assembly on 15 December 1976
- Appendix 6 UNCITRAL Arbitration Rules (2010)
- Uncitral United NationsCommission on International Trade LawUNCITRALArbitration Rules
- UNCITRALRules on Transparency in Treaty-basedInvestor-State Arbitration
- Contents Page
- Resolution adopted by the General Assembly on 16 December 2013
- UNCITRAL Arbitration Rules(with new article 1, paragraph 4, as revised in 2013)
- s.I Introductory rules
- s.II Composition of the arbitral tribunal
- s.III Arbitral proceedings
- General provisions
- Place of Arbitration
- Language
- Statement of Claim
- Statement of Defence
- Amendments to the claim or defence
- Pleas as to the Jurisdiction of the Arbitral Tribunal
- Further Written Statements
- Periods of time
- Interim measures
- Evidence
- Hearings
- Experts appointed by the arbitral tribunal
- Default
- Closure of hearings
- Waiver of right to object
- s.IV The award
- AnnexModel arbitration clause for contracts
- Possible waiver statement
- Model statements of independence pursuant to article 11 of the Rules
- UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration
- Art.1 Scope of application Applicability of the Rules
- Application of the Rules
- Discretion and authority of the arbitral tribunal
- Applicable instrument in case of conflict
- Application in non-UNCITRAL arbitrations
- Art.2 Publication of information at the commencement of arbitral proceedings
- Art.3 Publication of documents
- Art.4 Submission by a third person
- Art.5 Submission by a non-disputing Party to the treaty
- Art.6 Hearings
- Art.7 Exceptions to transparency Confidential or protected information
- Integrity of the arbitral process
- Art.8 Repository of published information
- Appendix 7 Requests to set Aside Arbitral Awards on the Basis of Section 33 and/or Section 34 of the SAA
- Appendix 8 Review of Arbitral Awards on Jurisdiction
- Appendix 9 Enforcement of Arbitral Awards
- Index
