Enforcement of Judgments 2025

SWEDEN Trends and Developments Contributed by: Jerker Kjellander, Matilda Kronqvist and Selma Beganovic, Vinge

its jurisdiction on provisions that correspond to one of the indirect jurisdictional grounds accepted by the 2019 Hague Convention. The function of the 2019 Hague Convention is based on international legal co-operation and should be seen as a complement to the 2005 Hague Conven - tion on choice of court agreements. The 2019 Hague Convention resembles the 2005 Hague Convention in many ways and shares the same overarching goals, although the 2019 Hague Convention aims to extend these goals to also cover legal relationships not char - acterised by exclusive choice of court agreements. The objective of the 2019 Hague Convention is to sup - port predictability and security in the global circula - tion of judgments arising from cross-border trade and investments through legal co-operation and uniform rules. The intention is for the 2019 Hague Conven - tion to complement existing international instruments, particularly the 2005 Hague Convention and the 1958 New York Convention on the Recognition and Enforce - ment of Foreign Arbitral Awards. According to the 2019 Hague Convention, a judgment rendered in one convention state shall be enforced in another convention state in accordance with the pro - visions of the Convention, provided that the judgment is enforceable in the originating country. Enforcement may only be refused on the grounds specified in the Convention.

Other than the 2005 Hague Convention, Swedish law lacks earlier international instruments regulating the recognition and enforcement of foreign judgments in the area covered by the 2019 Hague Convention, out - side the EU and the European Free Trade Association. As a general rule, the recognition and enforcement of foreign judgments in Sweden require statutory sup - port. The 2019 Hague Convention will entail greater possibilities for recognition and enforcement of deci - sions for Sweden in relation to third countries, as the 2019 Hague Convention provides the framework for the global circulation of judgments that has been lack - ing in the field. The authors assess that the 2019 Hague Convention prescribes a framework that is simpler, more uniform and more predictable than the previous regulations at the global level. It could lead to dispute resolution in the general courts becoming a more viable alternative to arbitration, at least in relation to the possibility of obtaining recognition and enforcement of a judgment. However, there has still not been any visible develop - ment in that direction in Sweden in recent years.

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