Contributed By Norburg & Scherp Advokatbyrå
The procedure of an arbitration in Sweden is governed by the Arbitration Act, which contains a few mandatory rules concerning the conduct of the arbitration procedure so that the arbitral proceedings are primarily determined by the parties’ agreement (including agreed institutional rules). In the absence of such agreements, it is up to the arbitral tribunal to decide the management of the proceedings. The procedure used by Swedish arbitrators is typically in line with best practices for the conduct of international arbitration, and the use of international “soft law” rules and guidelines is prevalent, such as the IBA Rules on the Taking of Evidence in International Arbitration. The procedure is therefore predictable and normally in line with the expectations of parties, legal counsel and fellow arbitrators from other jurisdictions.