Jurisdiction(s):
United Kingdom

Key definition

Authority definition

What does Authority mean? In practice, Authority refers to the public sector client that procures and manages a project or service and is the named counterparty in the contract. In public procurement, PFI/PPP, DBFM/DBFOM and outsourcing documents, it is a contractual shorthand for the “contracting authority” defined in legislation (England & Wales and Northern Ireland: Public Contracts Regulations 2015; Scotland: Public Contracts (Scotland) Regulations 2015; Ireland: European Union (Award of Public Authority Contracts) Regulations 2016). Typical Authorities include a local authority, an NHS trust or health board, a central government department or minister, a non‑departmental public body or agency, or another body...

Arbitration and State Immunity in Sweden: Waiver, diplomatic versus state immunity, and enforcing awards against sovereign assets and sovereign wealth funds (Sedelmayer; Ascom)

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note explores how state immunity interacts with arbitration proceedings in Sweden. For an overall primer on state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. In addition, for Practice Notes on state immunity across multiple jurisdictions worldwide (including England and Wales), see our ‘State immunity’ subtopic: State immunity and arbitration—overview.

Introduction—State immunity and international arbitration

As a general principle, Swedish courts honour state immunity for sovereign acts but not for commercial conduct. Consequently, agreeing an arbitration clause typically amounts to a Waiver of immunity for arbitral and court proceedings connected to a contract. Challenges may nevertheless emerge at the Enforcement stage of an arbitral award. The key issue is whether the property targeted by enforcement measures is substantially used for official functions. If so, that property is shielded. If not, state immunity cannot be relied upon, as outlined below. In this setting, it is essential to emphasise that arbitration functions independently of any court’s jurisdiction. Unlike courts, arbitral tribunals draw their Authority solely from the parties’ agreement rather than any governmental mandate. Accordingly, immunity is observed for public acts yet denied for trading activity before Swedish courts, and a contractual arbitration clause generally signals an intentional...

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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...

Web page updated on 21/05/2026

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