Contributed By Norburg & Scherp Advokatbyrå
A dispute is arbitrable under Swedish law if it can be settled by agreement between the parties. Thus, disputes that cannot be settled by agreement may not be referred to arbitration. Since parties are generally entitled to settle commercial disputes by way of agreement, arbitrability is seldom an issue in commercial arbitration in Sweden. Normally, issues concerning third party interests, punishment, the personal status of individuals and companies, existence and validity of patents, declaration of bankruptcy and taxation are incapable of settlement. Arbitrability is determined both by Swedish law and under the law governing the arbitration agreement.