Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
International Arbitration
Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?

Answer ... Swedish law does not prescribe any duty of confidentiality covering the parties to an arbitration. Thus, unless the parties have agreed on confidentiality, each party may decide to make disclosures about the arbitration in relation to third parties.

Arbitrators are under a duty of confidentiality and may not make any disclosures in relation to the arbitral proceedings or the award. This also applies to the Stockholm Chamber of Commerce (SCC) Institute if the arbitration is conducted under the SCC Rules.

For more information about this answer please contact: Sandra Kaznova from Hammarskiold & Co
Are there any exceptions to confidentiality?

Answer ... If the parties have agreed on confidentiality, they may also add explicit exceptions to this. If no such exceptions have been agreed, there may be reasons to exclude certain information from the agreed duty of confidentiality pursuant to legislation or general principles of law. This includes where information is revealed in order to comply with a duty to inform stipulated in law (eg, the duty to witness). Consent from both parties is also an exception to the duty of confidentiality. Further, information which is public knowledge is not covered by the duty of confidentiality.

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