Contributed By Norburg & Scherp Advokatbyrå
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.