Answer ... (a) Procedure, including evidence?
Unless the parties have agreed otherwise, an arbitrator has the power, among other things, to decide on the procedure and timetable of the arbitration. Pursuant to the Arbitration Act, the parties will supply the evidence. However, the arbitrators may appoint experts unless both parties are opposed. The Arbitration Act contains no provisions on the admissibility of evidence. Thus, the parties are free to introduce such evidence as they consider appropriate.
(b) Interim relief?
An arbitral tribunal may, unless otherwise agreed by the parties, decide upon the request of one party that the other party undertake interim measures to secure the disputed claim during the proceedings. An arbitral tribunal may grant interim measures to:
- maintain or restore the status quo pending determination of the dispute;
- take action that would prevent, or refrain from taking action that is likely to cause, imminent harm or prejudice to the arbitral process itself;
- provide a means of preserving assets from which a subsequent award may be satisfied; or
- preserve evidence that may be relevant and material to the resolution of the dispute.
However, orders issued by the arbitral tribunal granting interim measures are not enforceable through enforcement proceedings in Sweden. Further, the arbitration agreement does not prevent the parties – before or during arbitration – from seeking interim measures in court.
(c) Parties which do not comply with its orders?
If a party without legal cause fails to appear at the hearing or otherwise to comply with an order of the arbitrators, this does not prevent the continuation of the proceedings and a resolution of the dispute on the basis of the existing material. This also applies if the respondent’s failure to take part in the proceedings is not caused by an effort to obstruct them. The arbitrators have no power to make a summary examination and base a default award on a presumption that the claimant’s representation of the facts is correct. Nor do they have the power to dismiss a dispute because one party has failed to plead its case. However, the arbitrators are at liberty to decide on the evidentiary value to be attributed the party’s passivity. The dispute will be decided based on the entirety of the evidence presented and after an examination on the merits.
(d) Issuing partial final awards?
An arbitral tribunal may decide part of the dispute or a certain issue that is relevant for final resolution of the dispute in a separate award (sometimes referred to as a partial award), unless both parties object. Separate awards have the same legal effect as final awards, also as regards enforcement. Issues which have been referred to the arbitrators shall be finally decided by an award. Other determinations are designated as decisions. Unless authorised by the parties, the arbitrators may not issue awards for issues concerning interim measures.
(e) The remedies it can grant in a final award?
The only limits on the powers of arbitrators to render appropriate remedies are that the remedy have been requested by one of the parties and that it not contravene public policy in Sweden (see question 38).
If requested by a party, interest may be awarded both for principal claims and for costs. The rate depends on the applicable substantial law.