SWEDEN Law and Practice Contributed by: Michele Fara, Ninos Aho, Paula Bäckdén and Anders Leissner, Advokatfirman Vinge KB
It should be noted that the above-mentioned limitations do not apply to jurisdiction or arbitra - tion clauses in cross trade (ie, in traffic between non-Nordic states) nor to jurisdiction clauses if anything else follows from certain EU legal acts or international instruments. 6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading If a bill of lading is issued under a charterparty containing a provision on the competent court or an arbitration clause, without the bill of lading expressly mentioning that the provision/clause is binding on the holder of the bill of lading, the car - rier may not 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 arbitration 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 binding on such holder. A general refer - ence to the charterparty in the bill of lading will not suffice. 6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Sweden is a party to the 1958 New York Conven - tion on the Recognition and Enforcement of For - eign Arbitral Awards. Recognition and enforce - ment of foreign arbitral awards is conducted in accordance with the Swedish Arbitration Act (1999:116). 6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction Under Swedish law, an arrest can be obtained provided that the requirements outlined in 4. Maritime Liens and Ship Arrests are fulfilled.
Hence, it does not matter if the substantive claim is subject to foreign jurisdiction through arbitra - tion or court proceedings. However, the foreign judgment/arbitral award must be enforceable in Sweden (Chapter 4 of the Swedish Maritime Code (1994:1009)). 6.5 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 in addition to most other types of disputes. In addition, the Nordic Offshore and Maritime Arbitration Association (NOMA) was established in 2017 as a Nordic initiative. NOMA has devel - oped its own arbitration rules, and their impor - tance is likely to increase in Sweden. Further, ad hoc proceedings under the Swedish Arbitration Act (1999:116) may also be an option for maritime claims. 6.6 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 respondent must, however, invoke the arbi - tration agreement on the first occasion it pleads its case on the merits 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 instituted in that court unless the respondent has made a timely objection to the competence of the court invoking the relevant
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