DISPUTE RESOLUTION IN SCANDINAVIA

CD: Could you provide an overview of the current dispute resolution landscape across Scandinavia? How would you describe the infrastructure and processes in place to support dispute resolution?

Knuts: The legal system of the Scandinavian countries provides two primary options for the resolution of commercial disputes: the ordinary court system and arbitration. Generally, arbitration is the preferred method for resolving commercial disputes in Scandinavia. Companies in Finland and Sweden favour arbitration to a higher degree than companies in Denmark and Norway. However, the majority of actual disputes are litigated in court, even though most of these disputes are contractual in nature. Smaller, low-value and domestic claims are often referred to litigation, while complex, large-value or international matters are referred to arbitration. Even though the Stockholm Chamber of Commerce (SCC) is the most well-known venue for arbitration in Scandinavia, the Arbitration Institute of the Finland Chamber of Commerce (FAI) also has a fairly strong standing in the region and, naturally, especially among Finnish companies.

Azelius: Sweden has a robust system to support dispute resolution, with a well-developed system for both litigation and arbitration. Mediation, which is becoming increasingly popular, is used in both litigation and arbitration. The general courts in Sweden are typically not adapted to handle complex and large-scale issues, with the exception of some of the larger courts. Small value and less complex disputes are generally handled in an efficient manner at the general courts. The arbitration institution is well developed in Sweden, with the Stockholm Chamber of Commerce (SCC) as its first advocate. The SCC, which will be celebrating its centennial in 2017, receives approximately 200 new cases each year. The SCC is very active in questions regarding arbitration in Sweden, from lobbying important questions raised by the arbitration community with legislators to arranging conferences.

Oct-Dec 2015 issue

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