SWEDEN Law and Practice Contributed by: Simon Arvmyren, Christopher Stridh and Mikaela Tysk, Delphi
12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country Arbitration and mediation are two ADR mech- anisms available in the Swedish legal sys- tem, although arbitration nowadays is seldom referred to as an ADR procedure but as a dispute resolution method in its own right. The basis for using ADR is an agreement between the par- ties. Mediation is less common even if it is on an upward trend. Other ADR methods such as mini- trials or dispute boards are not common to the general legal community, but dispute boards are sometimes used in relation to larger construction contracts. 12.2 ADR Within the Legal System In the Procedural Code, it is expressively stated that the court in both the district court and court of appeal shall endeavour to settle the dispute (see Chapter 42, Section 17, paragraph 1 and Chapter 50, Section 11, paragraph 1 of the Pro- cedural Code). It is also possible for the court to order the par- ties to use mediation if the parties agree to it, or to arrange settlement hearings that are similar to a mediation, but less formal in relation to the pro- cedure (see Chapter 42, Section 17, paragraph 2 and Chapter 50, Section 11, paragraph 2 of the Procedural Code). 12.3 ADR Institutions There are several institutions in Sweden that are well organised and offer ADR. First, the Arbi- tration Institute of the Stockholm Chamber of Commerce (SCC) and the Arbitration Institute of the West Sweden Chamber of Commerce both provide mediation as part of their services. The Swedish Mediation Institute gives parties in labour disputes the opportunity to solve their
issues through mediation. Of the above-men- tioned institutions, the SCC is an internationally renowned institution, and it handles several hun - dred arbitrations, and some mediations, every year. 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration The conduct of arbitration is regulated in the Arbitration Act of 1999, which is applicable to all arbitrations where the seat of arbitration is in Sweden. It provides the primary legislative framework relating to arbitration. The act regu- lates, among other things, the arbitration agree- ment, the award, the procedure, the arbitrators, enforcement of arbitral awards and some inter- national issues. The Swedish Arbitration Act implements the New York Convention regarding awards rendered outside of Sweden. The Swedish Arbitration Act is not officially based on the UNICITRAL Model Law but is nevertheless inspired by and draws much of its content from the Model Law. 13.2 Subject Matters Not Referred to Arbitration Disputes that are not arbitrable are disputes that the parties may not settle by way of agree- ment. Generally, this is the case when the case concerns a public interest or a third-party inter- est – eg, security rights in property. In relation to consumer disputes, they are arbitrable if the agreement is entered into after the dispute arose.
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