Comparative Guides
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Results: 4 Answers
International Arbitration
10.
Costs
10.1
How will the tribunal approach the issue of costs?
 
Sweden
Unless the parties have provided otherwise, the arbitrators may, at the request of a party, make an order for the distribution of costs between the parties. As a general rule, the arbitrators will follow any agreement of the parties regarding the allocation of costs (see below). If the parties have not made any agreement regarding costs, the general rule, by non-binding analogy from the Code of Judicial Procedure, is that the losing party is liable for its own costs as well as those of the winning party. Exceptions to the general rule may apply in certain situations –for example, where the winning party has negligently brought an unnecessary action or otherwise negligently caused the other party to incur unnecessary costs.

For more information about this answer please contact: Sandra Kaznova from Hammarskiold & Co
10.2
Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?
 
Sweden
With respect to the distribution of costs, the arbitrators will follow any agreement of the parties. If the parties have not made any agreement regarding costs, the general rule, by non-binding analogy from the Code of Judicial Procedure, is that the losing party is liable for its own costs as well as those of the winning party. Exceptions to the general rule may apply in certain situations – for example, where the winning party has negligently brought an unnecessary action or otherwise negligently caused the other party to incur unnecessary costs.

For more information about this answer please contact: Sandra Kaznova from Hammarskiold & Co