Skiljenämnd

Skiljenämnd is a Swedish term for an arbitration panel. A skiljenämnd is a formal body established to settle disputes outside ordinary courts, typically with a mandate defined by contract, collective agreement, or statute. The panel's decision, called a skiljedom, is binding on the parties and generally enforceable as a court judgment.

Composition: A common arrangement is a three-person panel: two arbitrators and a chair. The arbitrators are appointed by the parties or by a joint appointing authority, and the chair is selected to provide neutrality. Some skiljenämnder are permanent bodies within industry associations or public bodies, while others are created ad hoc for a particular dispute.

Mandate and scope: Skiljenämnder handle disputes arising from contracts, deliveries, services, payments, or other commercial or professional matters covered by the creating agreement. The panel decides based on the contract terms, applicable law, and the evidence presented.

Procedure: Proceedings are usually faster and more flexible than ordinary court litigation. Parties submit written statements, present evidence, and may request oral hearings. The panel issues a written skiljedom specifying findings and relief. The process is often confidential.

Enforcement and appeals: A skiljedom can be enforced in the ordinary courts. Appeals are limited to very narrow grounds, such as a fundamental violation of due process or misapplication of the agreed rules, depending on the governing statute.

See also: Arbitration, Skiljedom, Arbitration Act (skiljeförfarande), Dispute resolution.