Enacted in june 1996, the 1996 english arbitration act only came into force on 31 january 1997. 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. Whereas it is expedient to update the prevailing legal provisions relating to arbitration. Globalex at hauser global law school program, nyu school of law. 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. Before the act, only minor amendments had been made to the 1929 legislation. 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.
An act to restate and improve the law relating to arbitration pursuant to an arbitration agreement. Modernization of the swedish arbitration act in progress. 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. This is a readyreference handbook analyzing swedish arbitration the saa, the rules, and casesand also includes references and commentary with respect to international commercial arbitration in general. The proceeding shall take place in stockholm, sweden. Arbitration act 1996, introductory text is up to date with all changes known to be in force on or before 10 may 2020. 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. May 24, 2004 features update to international commercial arbitration. Sweden remains an important venue for international arbitration. Disputes concerning matters in respect of which the parties may reach a. The supreme court of sweden rejected the appeal and upheld the judgment of the svea. The arbitration act also offers accessibility to independent and arbitration friendly courts. Under the swedish arbitration act, foreign arbitral awards can be recognised and enforced in sweden.
Decision of the supreme court of sweden, 10 may 2012, case no. Final arbitral award seat of arbitration is stockholm, sweden. The previous swedish arbitration act of 1999 saa 1999 entered into force on april 1, 1999, as the result of swedens endeavor to modernize. Arbitration law of sweden is based on a comprehensive analysis of earlier swedish court practice that is still relevant. Hence, the division between foreign and swedish awards is based on territoriality. International commercial arbitration in sweden kaj hober. The appellant requested court assistance in taking evidence from a third party in an ongoing arbitration under section 26 of the swedish arbitration act. Commercial arbitration in sweden finn madsen oxford. Rules, and as ad hoc proceedings under the arbitration act 1999. Legal instruments and practice of arbitration in the eu european. In 2004, swedens arbitration act of 1999 was five years old.
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. Enacted in june 1996, the 1996 english arbitration act only came into force on. 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. Anina liebkind is a senior associate in baker mckenzies stockholm office and a member of the dispute resolution practice group. An award is deemed to have been made in the country in which the agreed place of the arbitration is situated. Appendix ii arbitration rules of the arbitration institute of the stockholm chamber of commerce. Inspired by uncitrals model law while perpetuating features of the 1929 act, it introdu. The most important amendments were enacted in 1971 and resulted from swedens accession to the 1958 new york convention.
Appendix iii rules for expedited arbitrations of the arbitration institute of the stockholm chamber of commerce. It deals with international arbitration and enforcement of foreign arbitral awards in sweden. Short title this act may be cited as the arbitration. 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. The arbitrators may rule on their own jurisdiction. The swedish arbitration act 1999 original swedish text. The purpose of arbitration and conciliation act, 1996 the act is to provide quick redressal to commercial dispute by private arbitration. The arbitration agreement section 1 disputes concerning matters in respect of which the parties may reach a. 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. There are changes that may be brought into force at a future date. 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.
Implied waiver of right to challenge an arbitral award. 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. Arbitration act 1996 is up to date with all changes known to be in force on or before 26 may 2020. In 2004, sweden s arbitration act of 1999 was five years old. Adopted by the stockholm chamber of commerce and in force as of 1 april 1999. The arbitration was governed by the swedish arbitration act 1999 and the arbitration rules of the scc. 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. 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. International arbitration laws and regulations sweden gli. Features update to international commercial arbitration. 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. The arbitration institute of the stockholm chamber of commerce hereinafter referred to as the scc institute is. International commercial arbitration in sweden offers comprehensive coverage and analysis of the principles, rules and legal aspects of international commercial arbitration in sweden.
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. Final arbitral award seat of arbitration is stockholm. Australian labour law concerns commonwealth, state, and common law on rights and duties of workers, unions and employers in australia. Any dispute regarding this license agreement shall be finally settled by arbitration with the provision of the swedish arbitration act sfs 1999. Disputes concerning matters in respect of which the parties may reach a settlement may, by agreement, be. This book is a practical and scholarly work on the new swedish arbitration act of 1999. 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. 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. By analogy, an award is swedish and domestic only if it is made in sweden. The swedish arbitration act 1999 original swedish text and.
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. Hence, the division under swedish law between foreign and domestic awards is based solely on territoriality. An act of parliament to repeal and reenact with amendments the arbitration act and to provide for connected purposes l. 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.
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. Rules of the arbitration institute of the stockholm chamber. Arbitration law in the european union and switzerland. Implied exclusion of part 1 of arbitration and conciliation. 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. 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. However, until recently swedish courts and the arbitration institute of. 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. Arbitration as a dispute resolution method in the swedish and. Purpose of arbitration act arbitration lawyer, arbitration. The supreme court arbitration institute of the stockholm.
Stewart boyd cbe qc arbitrators at 24 lincolns inn fields. The scc institute was founded in 1917 and has ever since. Singapore international arbitration centre about us. Arbitrators may rule on the civil law effects of competition law as between the parties. Quick decision of any commercial dispute is necessary for smooth functioning of business and industry. The most important amendments were enacted in 1971 and resulted from sweden s accession to the 1958 new york convention. Arbitration has been governed by danish legislation for more than 300 years. The swedish arbitration regime in 1999 a new arbitration act the act entered into force in sweden replacing the old act from 1929. The swedish arbitration act of 1999 governs domestic and international. Such an agreement may relate to future disputes pertaining to a legal relationship specified in the agreement.