SWEDEN Law and Practice Contributed by: Björn Tude, Daniel Waerme, Caroline Gulliksson Dock and Sandra Aljassani, Gernandt & Danielsson
It is also worth noting that court proceedings in Swe - den are subject to the principle of public access to official records, making arbitration’s confidentiality particularly valuable to the parties. 1.3 Arbitration Institutions The SCC administers the majority of institutional arbi - trations seated in Sweden. The current SCC Arbitra - tion Rules became effective on 1 January 2023 (the “SCC Rules”) and apply to all arbitrations initiated from that date onwards. The ICC represents the sec - ond most popular institutional choice for Swedish- seated arbitrations. Over the past decade, the ICC has gained increasing acceptance across Nordic jurisdic - tions, particularly amongst international corporations operating across multiple markets. Swedish parties also make use, to a lesser extent, of other leading institutions such as the LCIA and the ICDR/AAA. 1.4 National Courts Swedish courts maintain a supportive but limited role in arbitral proceedings, intervening only when specifically requested by a party and only for mat - ters provided in the Swedish Arbitration Act (SAA). Certain courts, however, have been designated to handle arbitration-related matters. Where the seat of arbitration is Stockholm, as is the case in the majority of arbitrations seated in Sweden, the Svea Court of Appeal has exclusive jurisdiction over challenges to arbitral awards and applications concerning recogni - tion and enforcement. For matters at first instance, such as the appointment or removal of arbitrators or applications for interim relief, the competent court is generally the district court. If no other basis for juris - diction exists, the Stockholm District Court acts as the default competent forum. This framework ensures that arbitral proceedings remain independent, while allowing courts to provide necessary assistance for procedural matters when required.
tration proceedings, provided that the seat of arbitra - tion is in Sweden. Swedish legislators chose not to base the SAA directly on the UNCITRAL Model Law in terms of structure or content. However, the Model Law was considered important and influenced the regulation of various issues. Solutions supported by the Model Law are accorded significant weight and inherent value. In practice, the SAA is largely consistent with the Model Law in almost all material respects. Where there are differences, the Swedish regime is generally regarded as even more arbitration-friendly: for example, by pro - viding greater scope for party autonomy and limiting the grounds on which the Swedish courts may inter - vene. 2.2 Changes to National Law There have been no significant changes to Swedish arbitration law in the past year, nor is there any pend - ing legislation that may alter the arbitration landscape in Sweden. The SAA does not prescribe any particular form for an arbitration agreement, meaning that written and oral agreements, as well as agreements entered into by conduct, are enforceable. However, in practice, most arbitration agreements are concluded in writing to ensure clarity. For enforceability under Swedish law, an arbitration agreement must satisfy certain key elements. An arbi - tration agreement concerning future disputes must specify the legal relationship to which the agreement relates. The agreement cannot simply state that “all disputes” between the parties will be arbitrated – it must identify the specific contractual or legal relation - ship from which potential disputes may arise. Addi - tionally, the agreement must unambiguously indicate that arbitration is the chosen dispute resolution meth - od for the specified legal relationship (Section 1 of the SAA). 3. The Arbitration Agreement 3.1 Enforceability
2. Governing Legislation 2.1 Governing Law
Arbitration proceedings in Sweden are governed by the SAA. Section 46 of the SAA provides that the SAA is applicable to both domestic and international arbi -
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