Enforceability of Arbitral Interim Measures in Sweden: An Analysis Inspired by the Model Law and International Outlooks
Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
As the importance of international arbitration grows, the need for efficient arbitral interim measures increase. Non-enforceability of arbitral interim measures is no longer the prevailing order, yet arbitral interim measures are still not enforceable in Sweden which leaves their effectiveness uncertain. This thesis examines the issues that must be considered to create an efficient order of enforcement for arbitral interim measures in Sweden. The international affiliation of commercial arbitration creates a need for cross-border enforcement and international harmonisation, these elements complicate the establishing of enforceable arbitral interim measures. Further, the interest of efficient enforcement must be balanced with the interest to safeguard the rights of the parties subjected to arbitral interim measures. International efforts have been conducted to facilitate enforceability of arbitral interim measures, most prominent is the UNCITRAL Model Law on International Commercial Arbitration, and enforcement of arbitral interim measures are today practised in a number of jurisdictions. This discussion is based on the solutions of the Model Law and two chosen jurisdictions that represent different orders for enforcing arbitral interim measures. The existing solutions will be analysed in their own right but will also be compared to the reasons against an order of enforceable arbitral interim measures found in Swedish legislative history. Today, there is a well-tested model for establishing an order of enforceability of arbitral interim measures. As a pro arbitration country, Sweden should provide for enforcement of arbitral interim measures.
Place, publisher, year, edition, pages
2015. , 58 p.
Arbitration Interim Measures Enforcement Enforceability
Skiljeförfarande säkerhetsåtgärd verkställbar verkställighet
Law (excluding Law and Society)
IdentifiersURN: urn:nbn:se:uu:diva-254265OAI: oai:DiVA.org:uu-254265DiVA: diva2:817748
Hobér, Kaj, Professor