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Confidentiality in Swedish arbitration proceedings.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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Clas Romander, partner Lennart Pettersson, associate White & Case Stockholm 2001-02-01 CONFIDENTIALITY IN SWEDISH ARBITRATION PROCEEDINGS 1. Introduction In a judgment from the Swedish Supreme Court (Högsta domstolen) given on October 27, 20001 ("the Judgment"), the issue of confidentiality for parties and arbitrators in arbitration proceedings under Swedish law was, with respect to previous literature and preparatory works, clarified.2This article intends to summon the ratio of the Judgment after a brief investigation of the somewhat unclear position of Swedish law on the issue of confidentiality. The effects of the Judgment and examples of remedies for these effects are presented in chapter 4. By way of introduction, it is safe to state that these effects should not be underestimated and attention hereto will be advised when counsel drafts or redrafts arbitration clauses which will be applicable in proceedings governed by Swedish law. 2. The position under Swedish law prior to the Judgment 2.1 General observations An arbitration clause...
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