Jurisdiction(s):
United Kingdom

Key definition

Jurisdiction definition

What does Jurisdiction mean? Jurisdiction, in legal practice, describes a court’s power to hear and determine a dispute and the limits of that power, both by subject matter and by the territory over which the court’s authority extends. It encompasses personal jurisdiction over the parties (often based on service, presence, domicile or consent, including exclusive jurisdiction clauses) and the court’s territorial and subject‑matter competence. The term is descriptive rather than fixed by a single definition; its scope is set by statute, rules of court, international instruments and case law (for example, the Senior Courts Act 1981, the Civil Jurisdiction and Judgments...

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

Published by a LexisNexis Arbitration expert

Practice notes

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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)...

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Andreas Johard

Hammarskiöld

Andreas Johard is co-head of Hammarskiöld’s Dispute Resolution practice and specializes in international arbitration and litigation. Andreas acts on a regular basis as counsel for Swedish and foreign clients in arbitrations under e.g. the SCC and the ICC rules, as well as in ad hoc proceedings. Andreas further acts as counsel before domestic courts, including the Supreme Court. Andreas’ dispute resolution experience encompasses, inter alia, post M&A, international investment law, complex disputes in the financial sector, construction and energy as well as oil and gas delivery. Andreas has acted several times as counsel for States, inter alia the Kingdom of Spain, the Republic of Poland and the Republic of Kazakhstan in complex setting aside proceedings regarding investment arbitrations under the Energy Charter Treaty (ECT). Andreas has further represented multinational companies in complex take-or-pay disputes concerning LNG. Andreas has also represented companies...

Jesper Tiberg

Westerberg

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...

Web page updated on 22/05/2026

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