Contributed By Norburg & Scherp Advokatbyrå
Arbitration proceedings in Sweden are private, so non-parties are not permitted to attend hearings in arbitral proceedings, unless otherwise agreed between the parties.
The arbitrators are bound by the principle of confidentiality when they perform their duties, and even after the arbitration proceedings are terminated. However, the Swedish Supreme Court has ruled that an arbitrator who is summoned as a witness to testify in challenge proceedings cannot refuse to answer questions regarding the deliberations if they are relevant to the case (see Supreme Court case NJA 1990 p. 419).
The parties are not bound by a duty of confidentiality unless this has been agreed between them (see Supreme Court case NJA 2000 p. 538). Counsel, witnesses and experts are bound by a duty of confidentiality to the extent that it has been agreed with them, or if it follows from professional rules. The SCC Institute is bound by a duty of confidentiality in accordance with the SCC Rules.