Contributed By Norburg & Scherp Advokatbyrå
The arbitral tribunal and the courts have parallel jurisdiction to order interim measures, unless the parties agree otherwise. Thus, the parties have the choice of selecting the forum that best suits their particular needs. Swedish courts are authorised to grant a number of different interim measures before or during the arbitral proceedings including, for example, prohibitive measures to restrain a party from carrying out certain actions, positive measures to require a party to take certain action, and measures aimed at ensuring the future enforcement of the final award. The courts have a wide discretion to grant enforceable orders for interim relief. Contrary to arbitral tribunals, a court is also authorised to order ex parte measures as well as impose interim measures on third parties. The parties are not prevented from seeking interim measures from a court by having already applied for, or even been granted, an interim measure by the arbitral tribunal.