Last Updated June 28, 2017

Law and Practice

Authors



Norburg & Scherp Advokatbyrå is a specialist firm for arbitration and litigation based in Stockholm, Sweden. It was founded in 2013 by experienced dispute specialists Fredrik Norburg and Pontus Scherp. Norburg & Scherp acts as counsel in Swedish and international arbitration under institutional rules, including the SCC, ICC and the Finland Chamber of Commerce Arbitration Rules, and ad hoc under the UNCITRAL Rules and the Swedish Arbitration Act. Norburg & Scherp also represents clients in commercial litigation before Swedish courts of all types and instances. The firm’s lawyers are regularly appointed as arbitrators in Swedish and international arbitration.

There are no form requirements for an arbitration agreement to be enforceable under Swedish law. Thus, an arbitration agreement can be entered into in writing or orally, or can be formed by the conduct of the parties. The general principles under Swedish contract law also apply to the formation and interpretation of arbitration agreements.

As regards the substance of the arbitration agreement, three cumulative requirements must be fulfilled according to the Arbitration Act. First, there must be an agreement between the parties to refer the dispute to arbitration. Second, the arbitration agreement must identify a defined legal relationship to be covered by the arbitration agreement. Third, there must be a clear reference to arbitration and not to some other form of dispute resolution.

A dispute is arbitrable under Swedish law only if it can be settled by agreement between the parties. Since parties are generally entitled to settle commercial disputes by way of agreement, arbitrability is seldom an issue in commercial arbitration in Sweden. Examples of issues that are incapable of settlement include those concerning third party interests, rights in rem declaration of bankruptcy, claw-back disputes and taxation. Arbitrability is determined both by Swedish law and by the law governing the arbitration agreement. Unless otherwise agreed, the arbitration agreement is governed by Swedish law if the seat of the arbitration is Sweden.

Swedish courts generally have an arbitration-friendly approach, so tend to uphold arbitration agreements.

Invalidity of the main contract does not automatically affect the jurisdiction of the tribunal under the arbitration agreement. The validity of the arbitration agreement shall be determined independently in accordance with the doctrine of separability that is incorporated in Section 3 of the Arbitration Act.

Norburg & Scherp Advokatbyrå

Birger Jarlsgatan 15
Stockholm
Stockholms Län
Sweden
SE 11145

+46 (0)8 658 20 80

[email protected] www.norburgscherp.se/
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Authors



Norburg & Scherp Advokatbyrå is a specialist firm for arbitration and litigation based in Stockholm, Sweden. It was founded in 2013 by experienced dispute specialists Fredrik Norburg and Pontus Scherp. Norburg & Scherp acts as counsel in Swedish and international arbitration under institutional rules, including the SCC, ICC and the Finland Chamber of Commerce Arbitration Rules, and ad hoc under the UNCITRAL Rules and the Swedish Arbitration Act. Norburg & Scherp also represents clients in commercial litigation before Swedish courts of all types and instances. The firm’s lawyers are regularly appointed as arbitrators in Swedish and international arbitration.

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