uu.seUppsala University Publications
Change search
ReferencesLink to record
Permanent link

Direct link
Påståendedoktrinens innebörd och tillämpning i skiljemannarätten: Kompetensfördelningen mellan skiljemän och allmän domstol
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2014 (Swedish)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

A valid arbitration agreement constitutes a bar to court proceedings as well as a prerequisite for arbitral proceedings. In NJA 2008 p. 406 and NJA 2012 p. 183, the Swedish Supreme Court applied the so-called doctrine of assertion with respect to the issue of whether a dispute should be settled by arbitration or litigation. Prior to these judgments, it was uncertain if the doctrine of assertion was applicable regarding this issue. The purpose of the essay is to examine the meaning of the doctrine and how it should be applied based on NJA 2008 p. 406 and NJA 2012 p. 183.

In essence, the following conclusions are drawn from the judgments. As a starting point, it is essential to distinguish between the question of whether there is a valid arbitration agreement between the parties, the question of which legal relationships the arbitration agreement covers and the question of which circumstances the assessment of the issue of jurisdiction should be based on. The questions are all significant to the issue of whether a dispute should be settled by arbitration or litigation, but according to the Supreme Court, the doctrine of assertion should only be applied with respect to the last question. Thus, when an arbitral tribunal tries its own jurisdiction, it should base its assessment on the circumstances referred to by the party which requested the arbitration. This is also the case when a claimant brings an action before a court and the respondent objects to the jurisdiction of the court by invoking an arbitration agreement. In accordance with the doctrine of assertion, the court should base its assessment of the issue of jurisdiction on the circumstances which the claimant has referred to. 

Place, publisher, year, edition, pages
2014. , 81 p.
Keyword [en]
arbitration, doctrine of assertion
Keyword [sv]
påståendedoktrinen, skiljemannarätt, kompetensfördelning, dubbelrelevanta rättsfakta, NJA 2008 s. 406, NJA 2012 s. 183, anknytningsdoktrin, skiljeförfarande, behörighet, processhinder, rättegångshinder
National Category
URN: urn:nbn:se:uu:diva-215788OAI: oai:DiVA.org:uu-215788DiVA: diva2:688429
Educational program
Law Programme
Available from: 2014-02-26 Created: 2014-01-16 Last updated: 2014-02-26Bibliographically approved

Open Access in DiVA

Påståendedoktrinens innebörd och tillämpning i skiljemannarätten(596 kB)1065 downloads
File information
File name FULLTEXT01.pdfFile size 596 kBChecksum SHA-512
Type fulltextMimetype application/pdf

By organisation
Department of Law

Search outside of DiVA

GoogleGoogle Scholar
Total: 1065 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

Total: 627 hits
ReferencesLink to record
Permanent link

Direct link