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.

An arbitral tribunal in Sweden is given extensive powers to order interim measures, including the authority to order a party to secure evidence or to undertake certain actions to secure the claim that is to be resolved in the arbitration. It is for the arbitral tribunal to decide when the granting of interim measures is justifiable. Under Section 25 (4) of the Arbitration Act, the arbitral tribunal is allowed to grant the same kinds of interim measures as the UNCITRAL Model Law, including ordering a party to (i) maintain or restore the status quo pending determination of the dispute; (ii) take action that would prevent – or refrain from taking action that is likely to cause – current or imminent harm or prejudice to the arbitral process itself; (iii) provide a means of preserving assets out of which a subsequent award may be satisfied; or (iv) preserve evidence that may be relevant and material to the resolution of the dispute.

As in many other jurisdictions, an order issued by an arbitral tribunal is not enforceable in Sweden. In practice, however, many parties agree to comply with such orders and a party’s failure to comply may be considered by the arbitral tribunal when determining liability for loss caused, or when calculating damages. Arbitral tribunals are not empowered to order interim measures against third parties.

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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