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.

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4. Results: Answers
International Arbitration
Applicable law issues
How is the law of the arbitration agreement determined in your jurisdiction?

Answer ... Where an arbitration agreement has an international connection, the agreement shall, pursuant to the Arbitration Act, be governed by the law agreed upon by the parties. Where the parties have not reached such an agreement, the arbitration agreement shall be governed by the law of the country in which, by virtue of the agreement, the proceedings have taken place or shall take place.

For more information about this answer please contact: Sandra Kaznova from Hammarskiold & Co
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?

Answer ... If the parties have made a choice regarding substantive law, it will be upheld. If there is no agreement regarding choice of substantive law, it will be for the arbitrators to decide. There is no provision in the Arbitration Act regarding the grounds on which the arbitrators shall decide which substantive law to apply to the arbitration. They will typically look at the conflict of laws rules applicable in Sweden. If the proceedings are governed by the Stockholm Chamber of Commerce Rules, the arbitrators need not consider the conflicts of law rules, but can make a direct decision to apply the law that they find appropriate.

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