
Contents
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16.1 Background 16.1 Background
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16.1.1 History and development of arbitration in Stockholm 16.1.1 History and development of arbitration in Stockholm
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Legislative background Legislative background
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Attitude of courts, institutions, and members of the local bar Attitude of courts, institutions, and members of the local bar
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Important developments Important developments
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16.1.2 Comparison with other regional or national venues 16.1.2 Comparison with other regional or national venues
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16.2 Commencing the Arbitration 16.2 Commencing the Arbitration
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16.2.1 The arbitration agreement as a bar to court proceedings 16.2.1 The arbitration agreement as a bar to court proceedings
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16.2.2 The role of courts in appointing arbitrators 16.2.2 The role of courts in appointing arbitrators
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16.2.3 The role of courts in resolving jurisdictional questions 16.2.3 The role of courts in resolving jurisdictional questions
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16.2.4 The role of courts in enjoining arbitration 16.2.4 The role of courts in enjoining arbitration
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16.3 During the Arbitration 16.3 During the Arbitration
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16.3.1 The role of courts in challenges to arbitrators 16.3.1 The role of courts in challenges to arbitrators
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16.3.2 The role of courts in compelling testimony/evidence 16.3.2 The role of courts in compelling testimony/evidence
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16.3.3 Restrictions/requirements regarding ability of foreign practitioners to appear in arbitration as counsel or arbitrators 16.3.3 Restrictions/requirements regarding ability of foreign practitioners to appear in arbitration as counsel or arbitrators
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16.3.4 Local requirements for the conduct of arbitration hearings 16.3.4 Local requirements for the conduct of arbitration hearings
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16.4 The Award 16.4 The Award
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16.4.1 Definition 16.4.1 Definition
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16.4.2 Mandatory rules as to form 16.4.2 Mandatory rules as to form
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16.4.3 Mandatory rules as to substance 16.4.3 Mandatory rules as to substance
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16.5 After the Award 16.5 After the Award
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16.5.1 Local standards for setting aside/annulment 16.5.1 Local standards for setting aside/annulment
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Introduction Introduction
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Standards for declaring an award invalid Standards for declaring an award invalid
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Standards for setting aside an award after challenge Standards for setting aside an award after challenge
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No valid or applicable arbitration agreement No valid or applicable arbitration agreement
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Exceeding scope of mandate Exceeding scope of mandate
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Irregularities in the appointment of arbitrators Irregularities in the appointment of arbitrators
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Non-authorized arbitrators Non-authorized arbitrators
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Other procedural errors Other procedural errors
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Appeal of awards under section 36 of the Act Appeal of awards under section 36 of the Act
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Challenge of the arbitrators’ compensation Challenge of the arbitrators’ compensation
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16.5.2 Local procedures for setting aside/annulment 16.5.2 Local procedures for setting aside/annulment
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Procedure, forum and time limits Procedure, forum and time limits
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Time and cost Time and cost
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16.6 Conclusion 16.6 Conclusion
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Cite
Abstract
This chapter evaluates the merits of Stockholm as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Sweden; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the legal framework, the practice of the courts, and the experience of Swedish arbitration practitioners, all ensure an arbitration-friendly environment at the highest international standards. Stockholm and the Stockholm Chamber of Commerce (SCC) have long maintained a position as a preferred venue for resolving international disputes in general and disputes with an East-West dimension in particular. The long tradition of arbitration in Sweden has yielded a rich body of case law relating to arbitration, providing for a predictable procedure. The Swedish courts respect and enforce arbitration agreements and do not interfere unduly in arbitration proceedings. Awards cannot be challenged based on the merits and can be set aside only on the basis of serious procedural irregularities or narrowly defined issues of non-arbitrability or public policy.
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