Comparative Guides

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4. Results: Answers
International Arbitration
Enforcement of awards
Are awards enforced in your jurisdiction? Under what procedure?

Answer ... An award made in Sweden is enforceable in Sweden without a court order or other exequatur, unless the award is of a declaratory nature. If the losing party does not perform voluntarily, the award may be brought before the relevant enforcement authority (Kronofogdemyndigheten) if the winning party is seeking execution of the award in Sweden. An application for enforcement of a foreign award shall be submitted to the Svea Court of Appeal in Stockholm.

A foreign arbitral award will not be valid and enforceable in Sweden if the respondent can prove any of the following circumstances:

  • The parties to the arbitration agreement, pursuant to the law applicable to them, lacked the capacity to enter into the agreement or were not properly represented, or the arbitration agreement was not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made;
  • The party against which the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings, or was otherwise unable to present its case;
  • The award deals with a dispute not contemplated by, or not falling within, the terms of the submission to arbitration, or contains decisions on matters which are beyond the scope of the arbitration agreement, provided that if the decisions on matters which falls within the mandate can be separated from those which fall outside the mandate, that part of the award which contains decisions on matters falling within the mandate may be recognised and enforced;
  • The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
  • The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made.

The Svea Court of Appeal may decide to temporarily postpone its decision on enforcement if the opposing party states that it has challenged the award at the seat and requests a stay of enforcement. However, at the request of the applicant, the opposing party may be required by the court to provide security. Regardless of whether security is provided, a parallel procedure may not, as a general rule, imply that the court has postponed the enforcement of an arbitral award, unless it is shown that the challenge is likely to succeed. A foreign award is enforced as a Swedish court judgment, provided that the Svea Court of Appeal has granted an application for enforcement of the award. In general, the procedure before the Swedish enforcement authority described above is applicable to such enforcement.

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