Contributed By Norburg & Scherp Advokatbyrå
The Arbitration Act requires that an arbitrator shall be impartial, which means there can be no circumstance that may diminish confidence in the arbitrator’s impartiality. Such a circumstance shall be deemed to exist in the following circumstances:
This list is not exhaustive and cannot be interpreted to the contrary. An appointed arbitrator shall immediately disclose potential conflicts of interest (see Section 9 of the Arbitration Act).
Likewise, the SCC Rules stipulate that an arbitrator shall be impartial and independent, and that an appointed arbitrator shall immediately inform the parties and the other arbitrators if there are any potential conflicts of interest (see Article 14 of the SCC Arbitration Rules and the SCC Expedited Arbitration Rules).
The IBA Guidelines for Conflict of Interest in International Arbitration, and also other international rules and guidelines, are recognised by Swedish courts and have been referred to by the Swedish Supreme Court in its assessment of the impartiality of an arbitrator (see Supreme Court judgments NJA 2010 p. 317 and NJA 2007 p. 841).