RE: Black , White or a smudging of Grey5 Sep 2019 12:59
Info from Arbitration website:
Advantages/disadvantages
Some of the principal advantages of arbitration in Sweden compared to court litigation include the following:
.The Swedish Arbitration Act contains few mandatory procedural rules, which
enables the arbitration procedural rules to be tailored.??
* The possibility to constitute a tribunal with the desired competence needed to resolve the dispute as well as with regard to the parties' cultural and legal background.??
* The possibility to conduct the proceedings in English (or any other language the parties choose).??
* Confidentiality of proceedings.??
* Faster dispute administration. In 2017, the SCC reported that for the 54% of cases that were subject to SCC Arbitration Rules, it took between six to 12 months from the time a case was registered until an award was rendered. For 46% of the cases that were subject to SCC Rules for Expedited Arbitration, it took between three to six months from the time a case was registered until an award was rendered.??
* Effective enforcement of a Swedish arbitral award outside Sweden under the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention).??
The disadvantages of arbitration in Sweden compared to court litigation include:
* There is no possibility to appeal an arbitration award (unless otherwise agreed).??
* The parties are exposed to the arbitrators' own interpretation of the law without effective remedies.??
The parties bear the cost of the arbitrators and the institute's administrative fee, which can make arbitration of simple matters more expensive than litigation.
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