NCJ Number
46179
Date Published
1977
Length
23 pages
Annotation
A DETAILED EXPLANATION OF THE PROCESS OF INTERNATIONAL DISPUTE ARBITRATION IN SWEDEN IS PRESENTED, ALONG WITH INFORMATION REGARDING THE DEGREE OF ENFORCEABILITY OF ARBITRAL AWARDS.
Abstract
IN RECENT YEARS, SWEDEN HAS STEADILY BECOME THE CENTER FOR THE ARBITRATION OF DISPUTES BETWEEN PARTIES IN DIFFERENT COUNTRIES. CLAUSES PROVIDING FOR ARBITRATION IN SWEDEN HAVE BEEN INCLUDED IN CONTRACTS WHERE BOTH PARTIES OTHERWISE HAVE NO CONNECTION WITH THAT COUNTRY. IT IS NOT RARE FOR ONE PARTY TO BE A GOVERNMENT AGENCY AND THE OTHER A COMMERCIAL FIRM. A GREAT NUMBER OF IMPORTANT CONTRACTS IN EAST-WEST TRADE AND ELSEWHERE PROVIDE FOR ARBITRATION IN SWEDEN AND ARE OFTEN SUBJECT TO SWEDISH LAW. UNDER MOST OF THE CONTRACTS THAT FALL INTO THIS GROUP, THE STOCKHOLM CHAMBER OF COMMERCE ACTS AS THE APPOINTING AUTHORITY OR ADMINISTRATIVE AGENCY. A COMPELLING REASON FOR USING SUCH ARBITRATION CLAUSES IN TRANSNATIONAL COMMERCIAL CONTRACTS IS THE FACT THAT A FOREIGN ARBITRAL AWARD IS MUCH MORE ENFORCEABLE IN NATIONAL JURISDICTIONS THAN IS A FOREIGN COURT JUDGMENT. ARBITRATION IS OFTEN THE MOST OR EVEN THE ONLY EFFECTIVE METHOD FOR RESOLVING INTERNATIONAL COMMERCIAL DISPUTES. SWEDISH ARBITRAL AWARDS STAND THE BEST POSSIBLE CHANCE OF RECOGNITION ABROAD SINCE SWEDEN IS A NEUTRAL NATION AND HAS WITHOUT RESERVATION RATIFIED THE MAIN INTERNATIONAL CONVENTIONS ON ARBITRATION. THE INTERPLAY BETWEEN THE 1975 INTERNATIONAL CHAMBER OF COMMERCE RULES AND THE 1976 UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW RULES ON THE ONE HAND AND SWEDISH LAW ON THE OTHER IS EXPLAINED WITH REGARD TO EACH IMPORTANT PROCEDURAL ASPECT OF AN INTERNATIONAL ARBITRATION. INTERNATIONAL AND STATE ATTITUDES, THE ENFORCEMENT OF SWEDISH AWARDS, AND THE RECOGNITION AND ENFORCEMENT OF FOREIGN AWARDS ARE ALSO EXAMINED. APPENDIXES CONTAIN THE RULES OF THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE, THE SWEDISH ARBITRATION ACT OF 1929, AND THE SWEDISH ACT CONCERNING FOREIGN ARBITRATION AGREEMENTS AND AWARDS, AS WELL AS MAPS INDICATING THE STATES, NATIONS, AND TERRITORIES THAT SUBSCRIBE TO THE NEW YORK CONVENTION OF 1958 AND THE GENEVA CONVENTION OF 1927. A BIBLIOGRAPHY AND A GUIDE TO ABBREVIATIONS ARE ALSO PROVIDED. (KBL)