Contributed By Norburg & Scherp Advokatbyrå
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.