A theoretical analysis of the arbitration procedures in sweden and germany establishes a general introduction to the subject which offers the possibility of comparing the two countries. Arbitral proceedings in accordance with this act may also be commenced in sweden against a party which is domiciled in sweden or is otherwise subject to the jurisdiction of swedish courts with regard to the matter in dispute, unless the arbitration agreement provides that the proceedings shall take place abroad. Such an agreement may relate to future disputes pertaining to a legal relationship specified in the agreement. Final arbitral award seat of arbitration is stockholm, sweden. An award is deemed to have been made in the country in which the agreed place of the arbitration is situated. Enacted in june 1996, the 1996 english arbitration act only came into force on 31 january 1997. 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. Two recent decisions from swedish courts cast light on the role of the international bar association guidelines on conflicts of interest in international arbitration iba rules in swedish arbitrations and, among other things, indicate a possible difference as to the application of the iba rules to arbitrations governed by the swedish arbitration law sfs 1999. Quick decision of any commercial dispute is necessary for smooth functioning of business and industry. Arbitration law of sweden is based on a comprehensive analysis of earlier swedish court practice that is still relevant. This book is a practical and scholarly work on the new swedish arbitration act of 1999. The swedish arbitration act 1999 original swedish text.
In 2004, swedens arbitration act of 1999 was five years old. An act to restate and improve the law relating to arbitration pursuant to an arbitration agreement. International commercial arbitration in sweden offers comprehensive coverage and analysis of the principles, rules and legal aspects of international commercial arbitration in sweden. Modernization of the swedish arbitration act in progress. Under the swedish arbitration act, foreign arbitral awards can be recognised and enforced in sweden. The arbitration agreement section 1 disputes concerning matters in respect of which the parties may reach a. Compared to ad hoc arbitration, institutional arbitration gives higher cost predictability and control, supervision in respect of the time limits of the arbitration, independent control of conflicts. Any dispute regarding this license agreement shall be finally settled by arbitration with the provision of the swedish arbitration act sfs 1999. Appendix iii rules for expedited arbitrations of the arbitration institute of the stockholm chamber of commerce. Globalex at hauser global law school program, nyu school of law. Arbitration as a dispute resolution method in the swedish and. International arbitration laws and regulations sweden gli. Appendix ii arbitration rules of the arbitration institute of the stockholm chamber of commerce. The supreme court of sweden rejected the appeal and upheld the judgment of the svea.
May 24, 2004 features update to international commercial arbitration. Between 1968 and 2017 stewart practiced as counsel in the english courts up to and including the house of lords now the supreme court, in other courts of the uk commonwealth, in the european court of justice, and in many arbitrations in england and overseas including bermuda, france, the netherlands, sweden, switzerland, singapore, the united states and. The proceeding shall take place in stockholm, sweden. A revised swedish arbitration act to enter into force 1 march 2019 anina liebkind january 7, 2019 0 on 21 november 2018, the swedish parliament adopted revisions to the swedish arbitration act saa.
Apr 01, 2009 two recent decisions from swedish courts cast light on the role of the international bar association guidelines on conflicts of interest in international arbitration iba rules in swedish arbitrations and, among other things, indicate a possible difference as to the application of the iba rules to arbitrations governed by the swedish arbitration law sfs 1999. Decision of the supreme court of sweden, 10 may 2012, case no. Australian labour law concerns commonwealth, state, and common law on rights and duties of workers, unions and employers in australia. The swedish arbitration regime in 1999 a new arbitration act the act entered into force in sweden replacing the old act from 1929. While the swedish act did not contain any specific provision for the determination of the applicable substantive law, the arbitration rules contained article 24, which empowered the tribunal to apply the rules of law it considered most. Commercial arbitration in sweden finn madsen oxford.
Arbitration has been governed by danish legislation for more than 300 years. Implied waiver of right to challenge an arbitral award. Arbitration act 1996 is up to date with all changes known to be in force on or before 26 may 2020. It deals with international arbitration and enforcement of foreign arbitral awards in sweden. Sweden has long been a leading centre for international arbitrations, particularly for disputes involving parties from the russian federation, other eastern european countries, and china. The arbitration act allows the parties to tailor their dispute resolution to suit their needs, as there are only a few mandatory rules which are there to ensure due process. Under an ad hoc arbitration, procedure is governed solely by the swedish arbitration act of 1999 unless the parties agree on another set of rules. Anina liebkind is a senior associate in baker mckenzies stockholm office and a member of the dispute resolution practice group. The supreme court arbitration institute of the stockholm. The swedish arbitration act is the main law governing arbitration in sweden. Intimately involved with the development of the english arbitration act at various stages, the authors of this book have provided the first uptodate publication of the act with a detailed, nonenglish language commentary. The arbitration was governed by the swedish arbitration act 1999 and the arbitration rules of the scc. International commercial arbitration in sweden kaj hober. Disputes concerning matters in respect of which the parties may reach a settlement may, by agreement, be.
The arbitrators may rule on their own jurisdiction. The most important amendments were enacted in 1971 and resulted from swedens accession to the 1958 new york convention. Whereas it is expedient to update the prevailing legal provisions relating to arbitration. The arbitration act also offers accessibility to independent and arbitration friendly courts. Inspired by uncitrals model law while perpetuating features of the 1929 act, it introdu. Adopted by the stockholm chamber of commerce and in force as of 1 april 1999. Oct 19, 2015 under an ad hoc arbitration, procedure is governed solely by the swedish arbitration act of 1999 unless the parties agree on another set of rules. Rules of the arbitration institute of the stockholm chamber. Jun 25, 2015 relying on the provision of sections 22, 20 and 28, he further submits that the arbitration act, 1996 precludes indian parties to a purely domestic dispute from choosing a place of arbitration. Final arbitral award seat of arbitration is stockholm. By analogy, an award is swedish and domestic only if it is made in sweden. She assists domestic and foreign entities in arbitration and litigation proceedings, often involving complex crossborder disputes in the fields of general commercial law, it and oil and gas. Arbitration act 1996, introductory text is up to date with all changes known to be in force on or before 10 may 2020. Hence, the division between foreign and swedish awards is based on territoriality.
The previous swedish arbitration act of 1999 saa 1999 entered into force on april 1, 1999, as the result of swedens endeavor to modernize. An act of parliament to repeal and reenact with amendments the arbitration act and to provide for connected purposes l. The appellant requested court assistance in taking evidence from a third party in an ongoing arbitration under section 26 of the swedish arbitration act. Legal instruments and practice of arbitration in the eu european.
Short title this act may be cited as the arbitration. Arbitration law in the european union and switzerland. The purpose of arbitration and conciliation act, 1996 the act is to provide quick redressal to commercial dispute by private arbitration. Features update to international commercial arbitration. The current rules of the scc institute came into force on the 1 of april in 1999, at the same time as the new swedish arbitration act. The arbitration institute of the stockholm chamber of commerce hereinafter referred to as the scc institute is a body for dealing with matters of dispute resolution. The most important amendments were enacted in 1971 and resulted from sweden s accession to the 1958 new york convention. Enacted in june 1996, the 1996 english arbitration act only came into force on.
However, until recently swedish courts and the arbitration institute of. The scc institute was founded in 1917 and has ever since. Changes that have been made appear in the content and are referenced with annotations. There are changes that may be brought into force at a future date. Arbitration act, 2055 1999 date of authentication and publication. Arbitral proceedings in accordance with this act may be commenced in sweden, where the arbitration agreement provides that the proceedings shall take place in sweden, or where the arbitrators or an arbitration institution pursuant to the agreement have determined that the proceedings shall take place in sweden, or the opposing party otherwise. The current danish arbitration act is dated from 2005 and the act is drafted in accordance with the uncitral model law on international commercial arbitration from 1985. Disputes concerning matters in respect of which the parties may reach a settlement may, by agreement, be referred to one or several arbitrators for resolution. Stewart boyd cbe qc arbitrators at 24 lincolns inn fields. The arbitration institute of the stockholm chamber of commerce hereinafter referred to as the scc institute is. The swedish arbitration act of 1999 governs domestic and international.
Inspired by uncitrals model law while perpetuating features of the 1929 act, it introduced many new concepts, such as establishing rules to determine the law applicable to the agreement to arbitrate, authorizing the arbitrators to decide the existence of facts and to fill gaps in contracts, making competition law issues arbitrable. Australian labour law, has a dual structure, where some employment issues and relationships are governed by commonwealth laws, and others are governed by state laws or the common law. Inspired by uncitrals model law while perpetuating features of the 1929 act, it introduced many new concepts, such as establishing rules to determine the law applicable to the agreement to arbitrate, authorizing the arbitrators to decide the existence of facts and to fill gaps in contracts, making competition law issues. Purpose of arbitration act arbitration lawyer, arbitration. Implied exclusion of part 1 of arbitration and conciliation. Sweden remains an important venue for international arbitration. Whereas, based on the considerations specified in points a and b, above, it is necessary to stipulate an act concerning arbitration and alternative dispute resolution.