Jesper Tiberg
I am one of the partners that founded Westerberg & Partners in 2019 and head of the firm's Dispute Resolution Group. Prior to founding Westerberg I was a partner at Lindahl and before that Rydin Carlsten.
My focus area is international and domestic arbitration and litigation. My work often concerns energy-related cases with an East-West angle, cases in the financial industry and construction cases. I am often retained as counsel in international arbitrations seated in Sweden, but I have also been entrusted significant cases for the challenge of arbitral awards. I also regularly act as arbitrator.
Recent work highlights include successfully acting for the Russian Federation in set-aside proceedings related to two awards issued in the Yukos cases. I am currently involved in other set-aside proceedings relating to awards in both the oil and gas sectors and in proceedings for enforcement in Sweden of international awards. In a recently concluded matter, I represented Kaupthing Bank in the Swedish courts which involved more than 450 parallell cases. Other than that, I have successfully represented companies in the finance industry in arbitration and court proceedings in Sweden.
I am listed among the leading Swedish dispute resolution lawyers by several ranking institutes. In such listings, clients and peers have flattered me with quotes like 'excellent legal skills and responsiveness', 'very charming and intellectually fluent' and even 'he is one of the best lawyers I have ever worked with'.
Besides Swedish I am fluent in English and have a basic knowledge of German.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1998
Membership
- Swedish Bar Association;
- International Bar Association,
- London Court of International Arbitration, European Users' Council;
- International Chamber of Commerce, Swedish reference group for arbitration
Education
- 1985 ' 1992 Jur.kand (LLM) Uppsala University
- 1990 Studies in English law, Kingston University, London, England
- 1990 ' 1991 Studies in European law, Europa-Institut, University of Saarbrcken
- 2006 Swedish Arbitration Association's training course for arbitrators
2 Contributions by Jesper Tiberg
PRACTICE NOTES
Sweden: Challenging arbitral tribunal jurisdiction - kompetenz-kompetenz, separability, assertion doctrine, Court of Appeal review, awards v decisions, de novo review, time limits, and intra-EU investment arbitration developments
The Tribunal’s Power to Determine its Own Jurisdiction ( kompetenz-kompetenz )
This Practice Note examines issues of tribunal jurisdiction under Swedish law.
Section 2 of the Swedish Arbitration Act (SAA) states that:
Arbitrators are empowered to decide their own jurisdiction over the dispute.
If they conclude that they have jurisdiction, any party may appeal to the Court of Appeal within 30 days of receiving the decision.
The arbitral proceedings may continue while the court considers the appeal.
Sections 34 and 36 apply to any action challenging an arbitral award that includes a decision on jurisdiction.
In consequence, Swedish law endorses the principle of kompetenz-kompetenz (la compétance de la compétance), meaning arbitrators have authority to rule on their own competence. In doing so, they should also observe the separability doctrine, which the SAA has codified (see: No Jurisdiction below)...
Arbitration
PRACTICE NOTES
Sweden: Recognition and Enforcement of Foreign Arbitral Awards—Exequatur, Refusal Grounds, Stays, Enforcement Measures, Invalidity/Set-Aside, and Intra-EU Investment Arbitration Developments
Swedish law differentiates between ‘Swedish arbitral awards’ and ‘foreign arbitral awards’.
Domestic awards are enforceable in the same manner as judgments of Swedish courts, and, notably, they proceed without any exequatur requirement.
In contrast, to execute a foreign arbitral award in Sweden, one must first secure exequatur from the Court of Appeal and then apply to the Swedish Enforcement Authority for execution of the award. In practice, the procedure is straightforward and will usually take a few weeks, unless the counterparty raises objections, in which event the process may become considerably lengthier.
This practice note deals solely with the enforcement of foreign arbitral awards and does not consider domestic awards within this context and scope. Before examining the rules governing enforcement of foreign arbitral awards in Sweden, a brief outline concerning invalidity and the setting aside of an arbitral award will be provided for clarity. The Swedish Arbitration Act (the SAA) sets out provisions on invalidity of awards and on setting aside awards. Section 33 of the SAA identifies the grounds on which an award is invalid, namely:
the award determines a matter which, under Swedish law, is not arbitrable,
if the award, or the manner in which the award...
Arbitration
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