SWEDEN Law and Practice Contributed by: Björn Tude, Daniel Waerme, Caroline Gulliksson Dock and Sandra Aljassani, Gernandt & Danielsson
IBA Rules on the Taking of Evidence in Internation - al Arbitration. Under the SCC Rules, this power is expressly set out in Article 31 (3). Such orders are not enforceable by the tribunal itself. Judicial assistance may be sought with the tribunal’s consent (Section 26 of the SAA). Once the tribunal has granted permission, the court’s role is limited solely to assessing whether there is any legal impediment to granting the application; it does not review whether the measure is justified on the merits. Accordingly, a court will only refuse such an application where the requested documents are not identified with sufficient specificity or where disclosure would be unlawful under Swedish law, including the rules on confidentiality and protection of trade secrets. 8.2 Rules of Evidence Arbitral proceedings are characterised by flexibility in evidentiary matters. The SAA does not contain detailed evidentiary rules. Instead, the parties bear primary responsibility for presenting their evidence, and the arbitral tribunal enjoys broad discretion in assessing both admissibility and evidentiary weight. Arbitral tribunals are generally reluctant to engage in independent fact-finding, relying instead upon evi - dence introduced by the parties. This contrasts with litigation, where the Swedish Code of Judicial Procedure prescribes a more structured evidentiary framework. Arbitration thus allows for greater party autonomy and procedural flexibility. 8.3 Powers of Compulsion Pursuant to Section 25 (3) of the SAA, arbitral tribunals lack powers of compulsion: they cannot administer oaths, impose fines, or otherwise enforce orders for the production of documents or the attendance of wit - nesses. Any order issued by the tribunal is therefore not directly enforceable. If compulsory measures are required, assistance must be sought from the district court, provided the tribunal grants leave under Section 26 of the SAA. This mechanism applies both to parties and to third parties: while arbitrators may request co-operation from either, enforceable orders can only be obtained through the courts.
The SCC Rules do not confer additional coercive pow - ers on tribunals, but SCC tribunals may rely on the procedure in Section 26 of the SAA to secure judicial assistance.
9. Confidentiality 9.1 Extent of Confidentiality
The SAA does not contain provisions imposing con - fidentiality upon the parties. Arbitral proceedings in Sweden are private in the sense that third parties have no right to attend hearings or access case materi - als, but there is no statutory duty of confidentiality between the parties. Confidentiality must therefore be based upon agreement. Arbitrators are generally considered bound by con - fidentiality as part of their mandate under the SAA, regardless of specific party agreement. Members of the Swedish Bar Association acting as counsel are also subject to professional secrecy under the Bar Association’s Code of Professional Conduct. Information from arbitral proceedings may be used in subsequent court proceedings. Under the SAA, this may include: • challenge proceedings (Sections 34–36); • enforcement proceedings (Sections 53–60); or • when an award is invoked as res judicata (Section 27). Once filed in Swedish courts, documents from the arbitration, including the award, generally become public under the principle of access to official records.
10. The Award 10.1 Legal Requirements
According to Section 31 of the SAA, an arbitral award must be in writing and signed by the arbitrators. The award is valid if signed by a majority of the tribunal, provided that the reason for any missing signature is stated. The parties may also agree that only the chairperson shall sign. Unless otherwise agreed, all
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