Sweden's Review of Arbitral Awards: a US Perspective

Abstract

SWEDEN HAS played a prominent role in the twentieth century as a centre of international commercial arbitration. It is fitting that the Swedish Arbitration Act and the Rules of the prominent Arbitration Institute of the Stockholm Chamber of Commerce were updated in April 1999 to provide a fresh basis for maintaining Stockholm as a twenty-first century venue for resolving transnational business disputes. One of the main features of any modern arbitral legislation is that it respects the integrity of the arbitral process. This usually means enforcing the arbitral agreement, minimal court intervention while the arbitration is pending and pro-enforcement bias in favour of the arbitral award. This article will focus on the third rung of arbitral acceptance, the finality and enforcement of the award sections. The new 1999 Swedish Arbitration Act has 60 sections. Of these, some 19 sections or almost one-third of the Act deal with the award. No other subject covered by the Act comes close in scope. The parts of the Act dealing with the award are divided into three separate groupings: one entitled ‘The Award’ (sections 27 to 32), the second entitled ‘Invalidity of Awards and Setting Aside Awards’ (sections 33 to 36) and a final part (sections 52 to 60) entitled ‘Recognition and Enforcement of Foreign Awards’. The lengthy and detailed provisions treating awards reflect the years of preparation spent by Swedish and international experts on this latest effort. It attempts to answer in a single statutory framework all the many issues that may arise, procedurally and substantially affecting all awards, both domestic and foreign. It is a commendable effort at a monumental task. The part entitled ‘The Award’ essentially provides helpful information and guidance to arbitrators in fashioning awards. Section 27, the first section of this part of the Act, attempts to provide basic …