Concise Guide to Arbitration in Sweden

mannheimer swartling’s Concise Guide to Arbitration in Sweden 2019, second edition mannheimer swartling’s Concise Guide to Arbitration in Sweden robin oldenstam kristoffer löf alexander foerster azadeh razani fredrik ringquist aron skogman second edition, 2019 1 mannheimer swartling’s concise guide to arbitration in sweden Authors: Robin Oldenstam, Kristoffer Löf, Alexander Foerster, Azadeh Razani, Fredrik Ringquist, Aron Skogman Published by: Mannheimer Swartling Advokatbyrå Box 1187 111 87 Stockholm Sweden Publisher’s note Every possible effort has been made to ensure that the information contained in this book is accurate at the time of going to press, and the publishers and authors cannot accept responsibility for any errors or omissions, however caused. The information in this book should not be regarded as legal advice and no responsibility for loss or damage occasioned to any person acting, or refrain- ing from action, as a result of the material in this publication can be accepted by the publisher or any of the authors. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Mannheimer Swartling Advokatbyrå, or as expressly permitted by law. Second edition, 2019 ISBN 978-91-88929-02-0 © Mannheimer Swartling Advokatbyrå 2019 Cover photograph: Joachim Lundgren, Stockholm Production: eddy.se ab, Visby 2019 Printed and bound in Sweden by Norra Skåne Offset, 2019 2 mannheimer swartling’s Concise Guide to Arbitration in Sweden second edition, 2019 3 4 About Mannheimer Swartling About Mannheimer Swartling Mannheimer Swartling is Sweden’s leading law firm and provides busi- nesses with high-quality legal advice globally. Our clients include major international enterprises and organisations as well as states. Our 400 lawyers are specialised across a broad spectrum of business law and sectors. We strive to understand the business challenges facing our clients, while deploying our cutting-edge legal skills to find the best solutions. In addition to our three Swedish offices in Stockholm, Gothenburg and Malmö we have offices in Brussels, New York, Moscow, Hong Kong and Shanghai. We are not part of any formal alliances, but have close relations with other leading law firms around the globe, with whom we regularly cooperate to set up seamless international teams. about the firm’s dispute resolution group Mannheimer Swartling’s dispute resolution group consists of more than 70 lawyers and is represented in all of our offices in Sweden as well as in our offices in Hong Kong and Moscow. The group represents clients, regardless of nationality or applicable law, in all matters arising from commercial disputes, such as early dispute assessment, arbitration, litigation, mediation and other alternative dispute resolution. Whilst our experience from arbitrations before the Stockholm Chamber of Commerce (SCC) is unparalleled, we also have extensive experience from arbitrations conducted under all major rules. Our dispute resolution practice is consistently ranked as first tier by independent observers including Chambers and Partners, Legal 500, Who’s Who Legal, and Global Arbitration Review. Examples of testi- monials include the following: 5 About Mannheimer Swartling ‘Mannheimer Swartling is ‘hard to beat for high-value international arbitration work’, and it is also a market leader for litigation.’ (Legal500 2018) ‘Mannheimer Swartling excels in major international disputes and counts Swedish state-owned companies, financial institutions and blue-chips companies as clients.’ (Legal500 2019) ‘Swedish law firms have arbitration in their DNA – and none more so than Mannheimer Swartling.’ (Global Arbitration Review 2019) Described as a ‘Nordic powerhouse’ and the ‘dominant player in the SCC’ by Chambers and Partners, who also notes that the firm is ‘well known across Europe for handling a significant caseload of commercial arbitrations, including ICC rules arbitrations’. (Chambers Europe, Arbitration: Europe-Wide 2019) More information about our dispute resolution practice can be found at www.mannheimerswartling.se. 6 About the authors About the authors robin oldenstam is head of International Arbitration within Mannhe- imer Swartling’s practice group for Dispute Resolution. His practice focuses on commercial arbitration and he has acted as counsel in numer- ous arbitrations under a variety of rules, applicable laws and in a wide range of legal and industry areas. He also has considerable experience as an arbitrator, including a large number of appointments as a sole arbitrator and chairman. Robin is a member of the ICC International Court of Arbitration, a board member of the Finnish Arbitration Institute, a member of the editorial board of GAR and a fellow of the Chartered Institute of Arbitrators. He is also responsible for the Swedish Bar Asso- ciation’s mandatory course in trial advocacy and regularly lectures at university courses and training programmes for professionals. Robin is consistently ranked among the leading individuals in dispute resolution in Sweden by Chambers, Who’s Who, GAR and others. kristoffer löf is global co-chair of Mannheimer Swartling’s practice group for Dispute Resolution, based in Stockholm. He is specialised in international arbitration, with an emphasis on energy/oil & gas and tech- nology/telecom, as well as in construction disputes. He has been involved in a great number of complex, high-value arbitrations conducted under most of the major arbitration rules. Kristoffer is recognised as one of Europe’s leading international arbitration practitioners by Chambers and Partners’ Europe-wide ranking, recommended for arbitration by Legal500, and identified as an Arbitration Thought Leader by Who’s Who Legal. Kristoffer is a Member of the Executive Committee of the Swedish Arbitration Association, Member of the Advisory Board of Stockholm International Hearing Centre, and past chair of Young Arbi- trators Sweden. In addition to counsel assignments, Kristoffer is fre- quently appointed as arbitrator in Swedish and international arbitrations. 7 About the authors alexander foerster is a partner in Mannheimer Swartling’s group for Dispute Resolution, based in Stockholm. He is qualified as a Swedish Advokat and German Rechtsanwalt and specialises in cross border dispute resolutions, primarily in the construction, energy and automotive industries. Alexander has been involved in a large number of international arbitrations under SCC, DIS, ICC, ICSID and Swiss Rules and serves as arbitrator (chairman and co-arbitrator) in ad hoc and institu- tional proceedings. He also worked for more than a decade with banking and finance matters and is retained to represent clients in complex post M&A disputes. He focuses on matters related to German-Nordic business and is acknowledged by Chambers & Partners Global Guide as a Foreign Expert on Sweden. Alexander is a member of the DIS Council as well as of the board of the Institut für Vertragsgestaltung und Konflik- tforschung at the University of Applied Sciences in Frankfurt am Main where he also teaches International Arbitration. He has served for more than 15 years as a member of the board of the Swedish Chamber of Com- merce in Germany, the last four years as its president. azadeh razani is a partner in Mannheimer Swartling’s practice group for Dispute Resolution and Insurance, based in Stockholm. Azadeh advises clients in various sectors such as insurance and real estate. She specialises in commercial litigation and arbitration and has represented clients in national and international arbitrations under the rules of the SCC, the LCIA, the ICC and the UNCITRAL. She also has considerable experience of challenge proceedings before Swedish courts of appeal as well as the Swedish Supreme Court. She is a board member of Young Arbitrators Sweden and head of the firm’s Iran Desk. fredrik ringquist is a partner in Mannheimer Swartling’s practice group for Dispute Resolution, based in the firm’s Moscow office. Fredrik is a Swedish-qualified lawyer who is fluent in Russian and has more than 12 years’ experience of acting as counsel in primarily Stockholm-based international arbitrations involving investments in, or transactions with parties from, Russia, Ukraine, Kazakhstan and other countries in the former Soviet Union. In addition, he has extensive experience of Swedish litigation in arbitration-related matters as well as litigation management in Russia and elsewhere in the region. Fredrik, who also has experience of serving as arbitrator under the SCC and ICC Rules, has been 8 About the authors acknowledged as a ‘Future Leader’ in the field of international arbitration by Who’s Who Legal (2018 and 2019). aron skogman is a partner in Mannheimer Swartling’s practice group for Dispute Resolution, based in Malmö and Stockholm. He is specialised in arbitration, with a particular focus on investment treaty cases. Aron is a member of the board of the Swedish Bar Association’s Southern Department, a member of the Advisory Board of the European Federa- tion for Investment Law and Arbitration (EFILA) and a co-founder of the Young ISDS Club. He teaches commercial arbitration and investment treaty arbitration at Lund University and was recognised as one of three Swedish lawyers in the 2019 edition of Who’s Who Legal in the category ‘Arbitration: Future Leaders – Partners’. In addition to the authors, many others within Mannheimer Swartling

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