Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Sweden
Whether a dispute is arbitrable is considered to be a matter of jurisdiction and such question can be raised by a party before the tribunal or before a court at any time during the proceedings. If such question is to be determined by a court, the arbitrators may continue the arbitral proceedings pending the determination by the court.

For more information about this answer please contact: Sandra Kaznova from Hammarskiold & Co
4.2
Can a tribunal rule on its own jurisdiction?
 
Sweden
An arbitral tribunal may rule on challenges in relation to arbitrability (see above), pursuant to Section 2 of the Arbitration Act. However, its ruling is not final. Thus, a party may institute court proceedings during or after arbitration to have the issue finally decided. If the arbitral tribunal finds that it lacks jurisdiction, it should dismiss the dispute by way of an award. If the arbitral tribunal instead affirms jurisdiction, this finding should take the form of a decision. Such a decision may be challenged before a competent court. If the arbitral tribunal issues an award dismissing the entire case for lack of jurisdiction, such an award may be appealed to the court of appeal within three months.

For more information about this answer please contact: Sandra Kaznova from Hammarskiold & Co
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Sweden
Yes – a party can request a court to determine the question of the arbitrators’ jurisdiction to decide the dispute in accordance with the above.

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