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.

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:

  • if the arbitrator or a person closely associated to him is a party, or otherwise may expect benefit or detriment worth attention as a result of the outcome of the dispute;
  • if the arbitrator or a person closely associated to him is the director of a company or any other association which is a party, or otherwise represents a party or any other person who may expect benefit or detriment worth attention as a result of the outcome of the dispute;
  • if the arbitrator has taken a position in the dispute, as an expert or otherwise, or has assisted a party in the preparation or conduct of his case in the dispute; or
  • if the arbitrator has received or demanded compensation from one of the parties (see Section 8 of the Arbitration Act).

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).

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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