SWEDISH ARBITRATION ACT (SFS 1999:116)
Disputes concerning matters in respect of which the
parties may reach a settlement may, by agreement, be
referred to one or several arbitrators for resolution.
Such an agreement may relate to future disputes
pertaining to a legal relationship specified in the
agreement. The dispute may concern the existence of
addition to interpreting agreements, the filling
gaps in contracts can also be referred to
Arbitrators may rule on the civil law effects of
competition law as between the parties.
The arbitrators may rule on their own jurisdiction
to decide the dispute. The aforesaid shall not prevent
court from determining such a question at the request
of a party. The arbitrators may continue the arbitral
proceedings pending the determination by the court.
Notwithstanding that the arbitrators have, in a
decision during the proceedings, determined that they
possess jurisdiction to resolve the dispute, such
decision is not binding. The provisions of sections
36 shall apply in respect of an action to
challenge an arbitration award which entails a
decision in respect of jurisdiction.
Where the validity of an arbitration agreement which
constitutes part of another agreement must be
determined in conjunction with a determination of the
jurisdiction of the arbitrators, the arbitration
agreement shall be deemed to constitute a separate
A court may not, over an objection of a party, rule
on an issue which, pursuant to an arbitration agreement,
shall be decided by arbitrators.
party must invoke an arbitration agreement on the
first occasion that a party pleads his case on
merits in the court. The invocation of an arbitration
agreement raised on a later occasion shall have
effect unless the party had a legal excuse and invoked
such as soon as the excuse ceased to exist. The
invocation of an arbitration agreement shall be
considered notwithstanding that the party who invoked
the agreement has allowed an issue which is covered
the arbitration agreement to be determined by the Debt
Enforcement Authority in a case concerning expedited
During the pendency of a dispute before arbitrators or
prior thereto, a court may, irrespective of the
arbitration agreement, issue such decisions in respect
of security measures as the court has jurisdiction to
A party shall forfeit his right to invoke the
arbitration agreement as a bar to court proceedings
where the party:
1. has opposed a request for arbitration;
2. failed to appoint an arbitrator in due time; or
3. fails, within due time, to provide his share of the
requested security for compensation to the
Where a dispute between a business enterprise and a
consumer concerns goods, services, or any other
products supplied principally for private use, an
arbitration agreement may not be invoked where such
was entered into prior to the dispute. However, such
agreements shall apply with respect to rental or lease
relationships where, through the agreement, a regional
rent tribunal or a regional tenancies tribunal is
appointed as an arbitral tribunal and the provisions
of Chapter 8, section 28 or Chapter 12, section 66
the Real Estate Code do not prescribe otherwise.
The first paragraph shall not apply where the dispute
concerns an agreement between an insurer and a
policy-holder concerning insurance based on a
collective agreement or group agreement and handled by
representatives of the group. Nor shall the first
paragraph apply where Sweden's international
obligations provide to the contrary.
Any person who possesses full legal capacity in regard
to his actions and his property may act as an
An arbitrator shall be impartial.
a party so requests, an arbitrator shall be discharged
if there exists any circumstance which may diminish
confidence in the arbitrator's impartiality. Such a
circumstance shall always be deemed to exist:
1. where the arbitrator or a person closely associated to him
is a party, or otherwise may expect benefit or
detriment worth attention, as a result of the outcome
of the dispute;
2. where the arbitrator or a person closely associated to him
is the director of a company or any other association
which is a party, or otherwise represents a party or
any other person who may expect benefit or detriment
worth attention as a result of the outcome of the
3. where the arbitrator has taken a position in the dispute,
as an expert or otherwise, or has assisted a party in
the preparation or conduct of his case in the dispute;
4. where the arbitrator has received or demanded compensation
in violation of section 39, second paragraph.
A person who is asked to accept an appointment as
arbitrator shall immediately disclose all
circumstances which, pursuant to sections 7 or 8,
might be considered to prevent him from serving as
arbitrator. An arbitrator shall inform the parties and
the other arbitrators of such circumstances as soon as
all arbitrators have been appointed and thereafter in
the course of the arbitral proceedings as soon as he
has learned of any new circumstance.
A challenge of an arbitrator on account of a
circumstance set forth in section 8 shall be presented
within fifteen days commencing on the date on which
the party became aware both of the appointment of the
arbitrator and of the existence of the circumstance.
The challenge shall be adjudicated by the arbitrators,
unless the parties have decided that it shall be
determined by another party.
the challenge is successful, the decision shall
subject to no appeal.
party who is dissatisfied with a decision denying a
motion or dismissing a motion on the grounds that the
motion was not timely filed may file an application
with the District Court that the arbitrator be removed
from his post. The application must be submitted
within thirty days commencing on the date on which the
party receives the decision. The arbitrators may
continue with the arbitral proceedings pending the
determination of the District Court.
The parties may agree that a motion as referred to in
section 10, first paragraph shall be conclusively
determined by an arbitration institution.
The parties may determine the number of arbitrators
and the manner in which they shall be appointed.
13�16 shall apply unless the parties have
the parties have so agreed, and any of the parties
so requests, the District Court shall appoint
arbitrators also in situations other than those stated
in sections 14�17.
The arbitrators shall be three in number. Each party
shall appoint one arbitrator, and the arbitrators so
appointed shall appoint the third.
Where each party is required to appoint an arbitrator
and one party has notified the opposing party of his
choice of arbitrator in a request for arbitration
pursuant to section 19, the opposing party must,
within thirty days of receipt of the notice, notify
the first party in writing in respect of his choice
party who, in this manner, has notified the opposing
party of his choice of arbitrator may not revoke
appointment without the consent of the other party.
the opposing party fails to appoint an arbitrator
within the stipulated time, the District Court shall
appoint an arbitrator upon request by the first party.
Where an arbitrator shall be appointed by other
arbitrators, but they fail to do so within thirty days
commencing on the date on which the last arbitrator
was appointed, the District Court shall appoint the
arbitrator upon request by a party.
Where an arbitrator shall be appointed by someone
other than a party or arbitrators, but such is not
done within thirty days of the date on which a party
desiring the appointment of an arbitrator requested
that the person responsible for the appointment make
such appointment, the District Court shall, upon the
request by a party, appoint the arbitrator. The same
shall apply where an arbitrator shall be appointed by
the parties jointly, but they have failed to agree
within thirty days commencing on the date on which the
question was raised through receipt by one party of
notice from the opposing party.
Where an arbitrator resigns or is discharged, the
District Court shall, upon request by a party, appoint
a new arbitrator. Where the arbitrator cannot fulfil
his duties due to circumstances which arise after his
appointment, the person who originally was required to
make the appointment shall, instead, appoint a new
arbitrator. Sections 14 and 15 shall apply in
conjunction with such an appointment. The period of
time within which a new arbitrator shall be appointed,
even for the party who requested the arbitration, is
thirty days calculated, with respect to all parties,
from the date on which the person who shall appoint
the arbitrator became aware thereof.
Where an arbitrator has delayed the proceedings, the
District Court shall, upon request by a party,
discharge the arbitrator and appoint another
arbitrator. The parties may decide that such a request
shall, instead, be conclusively determined by an
Where a party has requested that the District Court
appoint an arbitrator pursuant to section 12, third
paragraph or sections 14�17, the Court may reject the
request on the grounds that the arbitration is not
legally permissible only where such is manifest.
Unless otherwise agreed by the parties, the arbitral
proceedings are initiated when a party receives a
request for arbitration in accordance with the second
request for arbitration must be in writing and
1. an express and unconditional request for arbitration;
2. a statement of the issue which is covered by the
arbitration agreement and which is to be resolved by
the arbitrators; and
3. a statement of the party's choice of arbitrator where the
party is required to appoint an arbitrator.
Where the arbitral tribunal is composed of more than
one arbitrator, one of them shall be appointed
chairman. Unless the parties or the arbitrators have
decided otherwise, the chairman shall be the
arbitrator appointed by the other arbitrators or the
District Court, in their stead.
The arbitrators shall handle the dispute in an
impartial, practical, and speedy manner. They shall
thereupon act in accordance with the decisions of the
parties insofar as there is no impediment to so doing.
The parties shall determine the place of arbitration.
Where this is not the case, the arbitrators shall
determine the place of arbitration.
The arbitrators may hold hearings and other meetings
elsewhere in Sweden, or abroad, unless otherwise
agreed by the parties.
Within the period of time determined by the
arbitrators, the claimant shall state his claims in
respect of the issue stated in the request for
arbitration, as well as the circumstances invoked by
the party in support thereof. Thereafter, within the
period of time determined by the arbitrators, the
respondent shall state his position in relation to
the claims, and the circumstances invoked by the
respondent in support thereof.
claimant may submit new claims, and the respondent
his own claims, provided that the claims fall within
the scope of the arbitration agreement and, taking
into consideration the time at which they are
submitted or other circumstances, the arbitrators do
not consider it inappropriate to adjudicate such
claims. Subject to the same conditions, during
proceedings, each party may amend or supplement
previously presented claims and may invoke new
circumstances in support of his case.
The first and second paragraphs hereof shall not apply
where the parties have decided otherwise.
The arbitrators shall afford the parties, to the
extent necessary, an opportunity to present their
respective cases in writing or orally. Where a party
so requests, and provided that the parties have not
otherwise agreed, an oral hearing shall be held prior
to the determination of an issue referred to the
arbitrators for resolution.
party shall be given an opportunity to review all
documents and all other materials pertaining to
dispute which are supplied to the arbitrators by the
opposing party or another person.
Where one of the parties, without valid cause, fails
to appear at a hearing or otherwise fails to comply
with an order of the arbitrators, such failure shall
not prevent a continuation of the proceedings and a
resolution of the dispute on the basis of the existing
The parties shall supply the evidence. However, the
arbitrators may appoint experts, unless both parties
are opposed thereto.
arbitrators may refuse to admit evidence which
is offered where such evidence is manifestly irrelevant
to the case or where such refusal is justified
regard to the time at which the evidence is offered.
arbitrators may not administer oaths or truth affirmations.
Nor may they impose conditional fines or
otherwise use compulsory measures in order to obtain
Unless the parties have agreed otherwise, the
arbitrators may, at the request of a party, decide
that, during the proceedings, the opposing party must
undertake a certain interim measure to secure the
claim which is to be adjudicated by the arbitrators.
The arbitrators may prescribe that the party
requesting the interim measure must provide reasonable
security for the damage which may be incurred by the
opposing party as a result of the interim measure.
Where a party wishes a witness or an expert to testify
under oath, or a party to be examined under truth
affirmation, the party may, after obtaining the
consent of the arbitrators, submit an application to
such effect to the District Court. The aforementioned
shall apply where a party wishes that a party or other
person be ordered to produce as evidence a document
an object. If the arbitrators consider that the
measure is justified having regard to the evidence
in the case, they shall approve the request. Where
measure may lawfully be taken, the District Court
shall grant the application.
The provisions of the Code of Judicial Procedure shall
apply with respect to a measure as referred to in the
first paragraph. The arbitrators shall be summoned to
hear the testimony of a witness, an expert, or a
party, and be afforded the opportunity to ask
questions. The absence of an arbitrator from the
giving of testimony shall not prevent the hearing from
The issues which have been referred to the arbitrators
shall be decided in an award. Where the arbitrators
terminate the arbitral proceedings without deciding
such issues, such shall also take place through an
the parties enter into a settlement agreement,
the arbitrators may, at the request of the parties,
confirm it in an award.
Other determinations, which are not embodied in an
award, are designated as decisions. The mandate of the
arbitrators shall be deemed to be completed when they
have delivered a final award, unless otherwise
provided in sections 32 or 35.
Where a party withdraws a claim, the arbitrators shall
dismiss that part of the dispute, unless the opposing
party requests that the arbitrators rule on the claim.
A part of the dispute, or a certain issue which is
of significance to the resolution of the dispute, may
decided through a separate award, unless opposed by
both parties. However, a claim invoked as a defence
way of set off shall be adjudicated in the same award
as the main claim.
Where a party has admitted a claim, in whole or in
part, a separate award may be rendered in respect of
that which has been admitted.
Where an arbitrator fails, without valid cause, to
participate in the determination of an issue by the
arbitral tribunal, such failure will not prevent the
other arbitrators from ruling on the matter.
Unless the parties have decided otherwise, the opinion
agreed upon by the majority of the arbitrators
participating in the determination shall prevail. If
no majority is attained for any opinion, the opinion
of the chairman shall prevail.
An award shall be made in writing, signed by the
arbitrators. It suffices that the award is signed by
a majority of the arbitrators, provided that the reason
why all of the arbitrators have not signed the award
is noted therein. The parties may decide that the
chairman of the arbitral tribunal alone shall sign
award shall state the place of arbitration and
the date when the award is made.
The award shall be delivered to the parties
If the arbitrators find that an award contains any
obvious inaccuracy as a consequence of a
typographical, computational, or other similar mistake
by the arbitrators or any another person, or if the
arbitrators by oversight have failed to decide an
issue which should have been dealt with in the award,
they may, within thirty days of the date of the
announcement of the award, decide to correct or
supplement the award. They may also correct or
supplement an award, or interpret the decision in an
award, where any of the parties so requests within
thirty days of receipt of the award by that party.
upon request by any of the parties, the arbitrators
decide to correct an award or interpret
the decision in an award, such shall take place within
thirty days from the date of receipt by the
arbitrators of the party's request. Where the
arbitrators decide to supplement the award, such shall
take place within sixty days.
Before any decision is made pursuant to this section,
the parties should be afforded an opportunity to
express their views with respect to the measure.
Invalidity of Awards and Setting Aside Awards
An award is invalid:
if it includes determination of an issue which, in
accordance with Swedish law, may not be decided by
if the award, or the manner in which the award arose,
is clearly incompatible with the basic principles of
the Swedish legal system; or
if the award does not fulfill the requirements with
regard to the written form and signature in accordance
with section 31, first paragraph.
The invalidity may apply to a certain part of the
An award which may not be challenged in accordance
with section 36 shall, following an application, be
wholly or partially set aside upon motion of a party:
if it is not covered by a valid arbitration agreement
between the parties;
if the arbitrators have made the award after the
expiration of the period decided on by the parties, or
where the arbitrators have otherwise exceeded their
if arbitral proceedings, according to section 47,
should not have taken place in Sweden;
if an arbitrator has been appointed contrary to the
agreement between the parties or this Act;
if an arbitrator was unauthorized due to any
circumstance set forth in sections 7 or 8; or
if, without fault of the party, there otherwise
occurred an irregularity in the course of the
proceedings which probably influenced the outcome of
party shall not be entitled to rely upon a
circumstance which, through participation in the
proceedings without objection, or in any other manner,
he may be deemed to have waived. A party shall not
regarded as having accepted the arbitrators'
jurisdiction to determine the issue referred to
arbitration solely by having appointed an arbitrator.
Pursuant to sections 10 and 11, a party may lose
right in accordance with the first paragraph,
sub-section 5 to rely upon a circumstance as set forth
in section 8.
action must be brought within three months from the
date upon which the party received the award or, where
correction, supplementation, or interpretation has
taken place pursuant to section 32, within a period of
three months from the date when the party received the
award in its final wording. Following the expiration
of the time limit, a party may not invoke a new ground
of objection in support of his claim.
A court may stay proceedings concerning the invalidity
or setting aside of an award for a certain period of
time in order to provide the arbitrators with an
opportunity to resume the arbitral proceedings or to
take some other measure which, in the opinion of the
arbitrators, will eliminate the ground for the
invalidity or setting aside:
provided the court holds that the claim in the case
shall be accepted and either of the parties requests a
both parties request a stay.
Where the arbitrators make a new award, a party may, within
the period of time determined by the court and without
issuing a writ of summons, challenge the award insofar
as it was based upon the resumed arbitral proceedings
or an amendment to the first award.
Notwithstanding Chapter 43, section 11, second paragraph of
the Code of Judicial Procedure, a trial may continue
even where the period of the stay exceeds fifteen
An award whereby the arbitrators concluded the
proceedings without ruling on the issues submitted
to them for resolution may be amended, in whole or
part, upon the application of a party. An action must
be brought within three months from the date upon
which the party received the award or, where
correction, supplementation, or interpretation has
taken place in accordance with section 32, within
period of three months from the date upon which the
party received the award in its final wording. The
award shall contain clear instructions as to what must
be done by a party who wishes to challenge the award.
action in accordance with the first paragraph which
only concerns an issue as referred to in section 42 is
permissible where the award means that the arbitrators
have considered themselves to lack jurisdiction to
determine the dispute. Where the award entails another
matter, a party who desires to challenge the award may
do so in accordance with the provisions of section 34.
Costs of Arbitration
The parties shall be jointly and severally liable to
pay reasonable compensation to the arbitrators for
work and expenses. However, where the arbitrators have
stated in the award that they lack jurisdiction to
determine the dispute, the party that did not request
arbitration shall be liable to make payment only
insofar as required due to special circumstances.
a final award, the arbitrators may order the parties
to pay compensation to them, together with interest
from the date occurring one month following the date
of the announcement of the award. The compensation
shall be stated separately for each arbitrator.
The arbitrators may request security for the
compensation. They may fix separate security for
individual claims. Where a party fails to provide its
share of the requested security within the period
specified by the arbitrators, the opposing party may
provide the entire security. Where the requested
security is not provided, the arbitrators may
terminate the proceedings, in whole or in part.
During the proceedings, the arbitrators may decide to
realise security in order to cover expenses. Following
the determination of the arbitrators' compensation in
a final award and where the award in that respect has
become enforceable, the arbitrators may realise their
payment from the security, in the event the parties
fail to fulfil their payment obligations in accordance
with the award. The right to security also includes
income from the property.
The provisions of sections 37 and 38 shall apply
unless otherwise jointly decided by the parties in a
manner that is binding upon the arbitrators.
agreement regarding compensation to the arbitrators
that is not entered into with the parties
jointly is void. Where one of the parties has provided
the entire security, such party may, however, solely
consent to the realisation of the security by the
arbitrators in order to cover the compensation
The arbitrators may not withhold the award pending the
payment of compensation.
A party or an arbitrator may bring an action in the
District Court against the award regarding the payment
of compensation to the arbitrators. Such action must
be brought within three months from the date upon
which the party received the award and, in the case
of an arbitrator, within the same period from the
announcement of the award. Where correction,
supplementation, or interpretation has taken place
in accordance with section 32, the action must be brought
by a party within three months from the date upon
which the party received the award in its final
wording and, in the case of an arbitrator, within the
same period from the date when the award was announced
in its final wording. The award shall contain clear
instructions as to what must be done by a party who
wishes to bring an action against the award in this
judgment pursuant to which the compensation to an
arbitrator is reduced shall also apply to the party
who did not bring the action.
Unless otherwise agreed by the parties, the
arbitrators may, upon request by a party, order the
opposing party to pay compensation for the party's
costs and determine the manner in which the
compensation to the arbitrators shall be finally
allocated between the parties. The arbitrators' order
may also include interest, if a party has so
Forum and Limitation Periods
An action against an award pursuant to sections 33,
34, and 36 shall be considered by the Court of Appeal
within the jurisdiction where the arbitral proceedings
were held. Where the place of arbitration is not
stated in the award, the action may be brought before
the Svea Court of Appeal.
determination of the Court of Appeal may not be
appealed. However, the Court of Appeal may grant
to appeal the determination where it is of importance
as a matter of precedent that the appeal be considered
by the Supreme Court.
action regarding compensation to an arbitrator shall
be considered by the District Court at the place of
arbitration. Where the place of arbitration is not
stated in the award, the action may be brought before
the Stockholm District Court.
to appoint or discharge an arbitrator shall be considered
by the District Court at the place
where one of the parties is domiciled or by the
District Court at the place of arbitration. The
application may also be considered by the Stockholm
District Court. Where possible the opposing party
shall be afforded the opportunity to express his
opinion upon the application before it is granted.
Where the application concerns the removal of an
arbitrator, the arbitrator should also be heard.
concerning the taking of evidence in accordance
with section 26 shall be considered by the
District Court determined by the arbitrators. In the
absence of such decision, the application shall
considered by the Stockholm District Court.
Where the District Court has granted an application to
appoint or remove an arbitrator, such decision may not
appealed. Nor may a determination of the District
Court in accordance with section 10, third paragraph
otherwise be appealed.
Where, according to law or by agreement, an action
by a party must be brought within a certain period,
the action is covered by an arbitration agreement,
the party must request arbitration in accordance with
section 19 within the stated period.
Where arbitration has been requested in due time but
the arbitral proceedings are terminated without a
legal determination of the issue which was submitted
to the arbitrators, and this is not due to the
negligence of the party, the action shall be deemed to
have been instituted in due time where a party
requests arbitration or institutes court proceedings
within thirty days of receipt of the award, or where
the award has been set aside or declared invalid or an
action against the award in accordance with section 36
has been dismissed, from the time that this decision
This Act shall apply to arbitral proceedings which
take place in Sweden notwithstanding that the dispute
has an international connection.
Arbitral proceedings in accordance with this Act may
be commenced in Sweden, where the arbitration
agreement provides that the proceedings shall take
place in Sweden, or where the arbitrators or an
arbitration institution pursuant to the agreement have
determined that the proceedings shall take place in
Sweden, or the opposing party otherwise consents
proceedings in accordance with this Act may also
be commenced in Sweden against a party which is
domiciled in Sweden or is otherwise subject to
jurisdiction of the Swedish courts with regard to the
matter in dispute, unless the arbitration agreement
provides that the proceedings shall take place
other cases, arbitral proceedings in accordance with
this Act may not take place in Sweden.
Where an arbitration agreement has an international
connection, the agreement shall be governed by the
agreed upon by the parties. Where the parties have
not reached such an agreement, the arbitration agreement
shall be governed by the law of the country in which,
by virtue of the agreement, the proceedings have taken
place or shall take place.
The first paragraph shall not apply to the issue of
whether a party was authorised to enter into an
arbitration agreement or was duly represented.
Where foreign law is applicable to the arbitration
agreement, section 4 shall apply to issues which are
covered by the agreement, except when:
in accordance with the applicable law, the agreement
is invalid, inoperative, or incapable of being
in accordance with Swedish law, the dispute may not
determined by arbitrators.
The jurisdiction of a court to issue such decisions regarding
security measures as the court is entitled to issue in
accordance with law, notwithstanding the arbitration
agreement, is set forth in section 4, third paragraph.
The provisions of sections 26 and 44 regarding the
taking of evidence during the arbitral proceedings in
Sweden shall also apply in respect of arbitral
proceedings which take place abroad, where the
proceedings are based upon an arbitration agreement
and, pursuant to Swedish law, the issues which are
referred to the arbitrators may be resolved by
Where none of the parties is domiciled or has its
place of business in Sweden, such parties may in a
commercial relationship through an express written
agreement exclude or limit the application of the
grounds for setting aside an award as are set forth
in section 34.
award which is subject to such an agreement shall be
recognised and enforced in Sweden in accordance with
the rules applicable to a foreign award.
Recognition and Enforcement of Foreign Awards, etc.
An award made abroad shall be deemed to be a foreign
conjunction with the application of this Act, an award
shall be deemed to have been made in the country in
which the place of arbitration is situated.
Unless otherwise stated in sections 54�60, a foreign
award which is based on an arbitration agreement shall
be recognised and enforced in Sweden.
A foreign award shall not be recognised and enforced
in Sweden where the party against whom the award is
that the parties to the arbitration agreement,
pursuant to the law applicable to them, lacked
capacity to enter into the agreement or were not
properly represented, or that the arbitration
agreement was not valid under the law to which the
parties have subjected it or, failing any indication
thereon, under the law of the country where the award
that the party against whom the award is invoked was
not given proper notice of the appointment of the
arbitrator or of the arbitration proceedings, or was
otherwise unable to present his case;
that the award deals with a dispute not contemplated
by, or not falling within, the terms of the submission
to arbitration, or contains decisions on matters which
are beyond the scope of the arbitration agreement,
provided that, if the decision on a matter which falls
within the mandate can be separated from those which
fall outside the mandate, that part of the award which
contains decisions on matters falling within the
mandate may be recognised and enforced;
that the composition of the arbitral tribunal, or the
arbitral procedure, was not in accordance with the
agreement of the parties or, failing such agreement,
was not in accordance with the law of the country
where the arbitration took place; or
that the award has not yet become binding on the
parties, or has been set aside or suspended by a
competent authority of the country in which, or under
the law of which, the award was made.
Recognition and enforcement of a foreign award shall
also be refused where a court finds:
that the award includes determination of an issue
which, in accordance with Swedish law, may not be
decided by arbitrators; or
that it would be clearly incompatible with the basic
principles of the Swedish legal system to recognise
and enforce the award.
An application for the enforcement of a foreign award
shall be lodged with the Svea Court of Appeal.
The original award or a certified copy of the award
must be appended to the application. Unless the Court
of Appeal decides otherwise, a certified translation
into the Swedish language of the entire award must
also be submitted.
An application for enforcement shall not be granted
unless the opposing party has been afforded an
opportunity to express his opinion upon the
Where the opposing party objects that an arbitration
agreement was not entered into, the applicant must
submit the arbitration agreement in an original or
a certified copy and, unless otherwise decided by the
Court of Appeal, must submit a certified translation
into the Swedish language, or in some other manner
prove that an arbitration agreement was entered into.
Where the opposing party objects that a petition has
been lodged to set aside the award or a motion for a
stay of execution has been submitted to the competent
authority as referred to in section 54, sub-section 5,
the Court of Appeal may postpone its decision and,
upon request by the applicant, order the opposing
party to provide reasonable security in default of
which enforcement might otherwise be ordered.
Where the Court of Appeal grants the application, the
award shall be enforced as a final judgment of a
Swedish court, unless otherwise determined by the
Supreme Court following an appeal of the Court of
Where a security measure has been granted in
accordance with Chapter 15 of the Code of Judicial
Procedure, in conjunction with the application of
section 7 of the same Chapter, a request for
arbitration abroad which might result in an award
which is recognised and may be enforced in Sweden
shall be equated with the commencement of an action.
Where an application for the enforcement of a foreign
award has been lodged, the Court of Appeal shall
examine a request for a security measure or a request
to set aside such decision.
This Act shall enter into force on 1 April 1999, at
which time the Arbitration Act (SFS 1929:145) and the
Foreign Arbitration Agreements and Awards Act (SFS
1929:147) shall be repealed.
The previous Act shall apply to arbitral proceedings
which have been commenced prior to the entry into
force or, with respect to enforcement of a foreign
award, when the application for enforcement was lodged
prior to the entry into force.
Where an arbitration agreement has been concluded
prior to the entry into force, the provisions of
section 18, second paragraph, section 21, first
paragraph, sub-section 1, and section 26, second and
third paragraphs of the Arbitration Act (SFS 1929:145)
shall apply, with respect to the period within which
the award shall be rendered, to proceedings that are
commenced within two years from the date of the entry
into force of the new Act.
In the circumstances set forth in sub-sections 2 and
3, the parties may agree that only the new Act shall
References in statutes or other legislation to the
Arbitration Act (SFS 1929:145) shall refer instead to
the new Act.