SWEDEN Law and Practice Contributed by: Björn Tude, Daniel Waerme, Caroline Gulliksson Dock and Sandra Aljassani, Gernandt & Danielsson
7.2 Procedural Steps Arbitral proceedings are initiated when a party sub - mits a written request for arbitration. The request must contain a clear and unconditional demand for arbitra - tion, details of the dispute covered by the arbitration agreement, and the appointment of an arbitrator if the party is entitled to do so (Section 19 of the SAA). There are no particular procedural steps that are required by law, except for the arbitral tribunal’s ren - dering of the final award. That said, the claimant typi - cally presents its case first, followed by the respond - ent’s reply. Both parties may, during the proceedings, amend their claims, raise counterclaims or introduce new facts and evidence, provided that the new mate - rial falls within the scope of the arbitration agreement and is not submitted too late (Section 23 of the SAA). The conduct of the proceedings and any time limits are determined by the tribunal, unless the parties have agreed otherwise. 7.3 Powers and Duties of Arbitrators Under the SAA, arbitral tribunals are vested with broad authority to manage proceedings and resolve dis - putes. They may decide upon their own jurisdiction, determine the seat of arbitration (absent party agree - ment) and, where the parties have not agreed upon the applicable law, determine the law to be applied. Arbitral tribunals also possess procedural powers, including the ability to assess the admissibility of evi - dence, order the production of documents, appoint experts (unless both parties object) and issue interim measures. The central duty of an arbitral tribunal is to adjudi - cate the dispute in a manner that is impartial, efficient and expeditious, as set out in Section 21 of the SAA. This encompasses an obligation to ensure equality between the parties and provide each side with a fair opportunity to present its case. Taken together, these powers and duties reflect a balance: tribunals are afforded significant discretion in the conduct of proceedings, but this discretion is tempered by party-autonomy, and strict obligations to maintain fairness, impartiality and efficiency through - out the arbitration.
7.4 Legal Representatives Under the SAA, there are no formal qualification requirements for legal representatives, and the SCC Rules likewise impose no specific professional or bar admission requirements. Parties are therefore free to appoint representatives of their choice, including law - yers qualified outside the EEA. By contrast, in civil litigation before Swedish courts, Chapter 12 of the Swedish Code of Judicial Procedure requires that legal representatives be of legal age, not declared bankrupt or under guardianship, and generally suit - able in terms of integrity, knowledge and experience. 8. Evidence 8.1 Collection and Submission of Evidence According to Section 25 of the SAA, the parties are responsible for presenting the evidence upon which they rely. The tribunal possesses no independent powers to collect evidence but may appoint an expert unless both parties object. The tribunal may also reject evidence that is manifestly irrelevant or introduced too late. The SAA does not impose restrictions upon the type or form of evidence or upon how evidence has been obtained. All evidence is admissible, unless the arbi - tral tribunal decides otherwise, but irregularities in the way it was obtained may affect its probative value. Written witness statements and expert reports are commonly submitted before the hearing. At the hear - ing, witnesses and experts are typically examined and cross-examined. Arbitrators cannot administer oaths or impose coercive measures (Section 25 (3) of the SAA). If a party wishes a witness or expert to be heard under oath, or to compel the production of documents, the tribunal’s permission is required and the application must be made to a district court (Sec - tion 26 of the SAA). Arbitrators are entitled to attend such court proceedings and may pose questions to the witnesses. At the request of a party, the tribunal may order the other party to produce documents or other evidence that may be relevant to the case and material to its outcome. The framework governing such document production is in material respects very similar to the
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