Shipping 2026

SWEDEN Law and Practice Contributed by: Michele Fara, Ninos Aho, Paula Bäckdén and Anders Leissner, Advokatfirman Vinge KB

7.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses A court may not, provided that the respondent objects, rule on an issue that shall be decided by arbitrators pursuant to an arbitration agreement. The respond - ent must, however, invoke the arbitration agreement on the first occasion it pleads its case on the mer - its in court (Section 4 of the Swedish Arbitration Act (1999:116) and Chapter 10 of the Swedish Code of Judicial Procedure (1942:740)). As a main rule, a Swedish court will consider itself competent to entertain proceedings for a dispute insti - tuted in that court unless the respondent has made a timely objection to the competence of the court invok - ing the relevant jurisdiction clause, has failed to appear in court at the first hearing or, if the preparation is in writing, omitted to submit an answer (Chapter 10 of the Swedish Code of Judicial Procedure (1942:740)). The respondent must present its objection when making its first appearance in the case. Should the respondent be prevented from asserting an objection by legal excuse, the objection must be presented as soon as possible after the excuse has ceased to exist. Failure to raise such an objection within the allotted timeframe results in forfeiture of the right to raise the objection (Chapter 34 of the Swedish Code of Judicial Procedure). Please note that the rules are somewhat different where the Brussels I Regulation is applicable. 8. Ship-Owners’ Income Tax Relief 8.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies There is an optional tonnage tax system. Shipping operations that are qualified include the transport of goods and passengers at sea with ships that have a gross tonnage of at least 100, have their strategic and financial management in Sweden and are mainly used in international traffic or in domestic traffic in another country. For the shipping business to be considered qualified, it is further required, among other things, that a cer - tain proportion of the ships in the company’s fleet are registered in a register in a state within the EU/EEA.

invoke the provision/clause against the holder of the bill of lading, provided that the holder has acquired it in good faith (Chapter 13 of the Swedish Maritime Code (1994:1009)). Thus, a provision on the competent court or an arbi - tration clause in a charterparty may only be invoked against the holder of the bill of lading if that bill expressly mentions that the provision/clause is bind - ing on such holder. A general reference to the charter - party in the bill of lading will not suffice. 7.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Sweden is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbi - tral Awards. Recognition and enforcement of foreign arbitral awards is conducted in accordance with the Swedish Arbitration Act (1999:116). 7.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction Under Swedish law, an arrest can be obtained pro - vided that the requirements outlined in 5. Maritime Liens and Ship Arrests are fulfilled. Hence, it does not matter if the substantive claim is subject to foreign jurisdiction through arbitration or court proceedings. However, the foreign judgment/arbitral award must be enforceable in Sweden (Chapter 4 of the Swedish Maritime Code (1994:1009)). 7.5 Domestic Arbitration Institutes The Swedish Chamber of Commerce is the main domestic arbitration institute in Sweden. It does not specialise in maritime claims but deals with maritime disputes, as well as most other types of disputes. In addition, the Nordic Offshore and Maritime Arbitra - tion Association (NOMA) was established in 2017 as a Nordic initiative. NOMA has developed its own arbi - tration rules, and their importance is likely to increase in Sweden. Ad hoc proceedings under the Swedish Arbitration Act (1999:116) may also be an option for maritime claims.

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