Skiljeförfaran

Skiljeförfaran refers to the legal process of arbitration in Sweden. It is a method of dispute resolution where parties agree to have their disagreement decided by one or more arbitrators instead of going to court. This process is governed by the Arbitration Act (Lag (1996:1606) om skiljeförfarande).

The arbitration agreement is the foundation of the process. It can be a clause within a contract or a separate agreement made after a dispute has arisen. This agreement specifies the scope of the dispute to be arbitrated and how the arbitrators will be appointed. Parties typically have the freedom to choose the number of arbitrators, usually one or three, and can often select individuals with specific expertise relevant to the dispute.

The arbitration proceedings are generally confidential, unlike court proceedings. The parties present their cases, evidence, and arguments to the arbitrator(s). The arbitrators then make a binding decision, known as an arbitral award (skildomedömande). This award is legally enforceable and has the same effect as a court judgment.

Arbitration is often chosen for its perceived efficiency, flexibility, and confidentiality. It can be particularly useful for complex commercial disputes where specialized knowledge is beneficial. While generally more expensive upfront than court litigation, it can sometimes lead to quicker resolution and avoid the lengthy appeals process associated with court decisions. The grounds for challenging an arbitral award in court are very limited, focusing on procedural irregularities rather than the merits of the decision.