Westerberg
2 Contributions by Westerberg Experts
PRACTICE NOTES
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
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
Arbitration
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