SWEDEN Law and Practice Contributed by: Simon Arvmyren, Christopher Stridh and Mikaela Tysk, Delphi
The applicant must also provide security for the potential loss that the opposing party may suffer as a consequence of the provisional relief. Moreover, a party may ask the court to make an order for any provisional measure suitable to secure the applicant’s rights, if there is reason- able cause that the opposing party will impede the exercise of the applicant’s right or substan- tially diminish the value of the forthcoming per- formance. A court may also order a party, upon the application of the other party, to temporarily refrain from something, tolerate something or do something. Such an order can be made under the penalty of a fine. If an applicant was granted such injunctive relief, it must, if an action has not already been initi- ated, initiate appropriate judicial proceedings within a month of the order (see Chapter 15, Section 7 of the Procedural Code). Anti-suit injunctions to prevent parallel proceed- ings are not used (although not formally prohib- ited). However, the principle of lis pendens pre- vents parallel proceedings from being initiated in another court if the cases are between the same parties and regarding the same matter (see Chapter 13, Section 6 of the Procedural Code). 6.2 Arrangements for Obtaining Urgent Injunctive Relief There are no specific timeframes provided for obtaining urgent injunctive relief. The time need- ed by the court to process an application will depend on the complexity of the case and the injunctive relief in question. However, in principle the application shall be processed the same day the request is received by the court. There are out-of-office judges available dur- ing weekends and holidays in order to handle
criminal law matters, such as detention orders. In urgent matters, it would be possible to con- tact such a judge since they would have the necessary authority, but there is no standard procedure that applies. Normally, a party would wait for the next business day in order to file the application. 6.3 Availability of Injunctive Relief on an Ex Parte Basis It follows from Chapter 15, Section 5, paragraph 3 of the Procedural Code that the opposing party must be given a chance to respond to the order. Nevertheless, an immediate decision ex parte is possible if a delay would put the applicant’s claim at risk, which is often the case. Once such injunctive relief has been awarded, the oppos- ing party shall have the right to comment on the application and the court must then revisit the application and assess whether the decision should still be upheld. 6.4 Liability for Damages for the Applicant In order to be granted a provisional relief, the applicant must generally provide security for the potential loss. In exceptional cases, the court may exempt the applicant from this require- ment (see Chapter 15, Section 6 of the Proce- dural Code). The security generally consists of bank guarantees or guarantees provided by the applicants or others. The requirement regarding security also applies in ex parte proceedings. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief may be awarded against world- wide assets, which is the standard approach since the order does not normally specify the assets. It should, however, be noted that award- ing injunctive relief is not equivalent to the relief being possible to enforce.
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