Contributed By Norburg & Scherp Advokatbyrå
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.