Skiljenämnder

Skiljenämnder, often translated as arbitration boards or arbitration committees, are bodies established to resolve disputes outside of traditional court proceedings. They are a form of alternative dispute resolution (ADR) where parties agree to submit their disagreement to one or more impartial arbitrators, rather than litigating in a public court. The decision rendered by the skiljenämnd, known as an arbitral award, is typically binding and legally enforceable, similar to a court judgment.

These boards are frequently utilized in commercial disputes, labor relations, and international trade. The process is usually initiated when parties have a prior agreement, often a clause within a contract, stipulating that disputes will be settled through arbitration. The parties may also agree to arbitration after a dispute has arisen. The arbitrators are chosen based on their expertise in the subject matter of the dispute, ensuring a knowledgeable and impartial review.

The proceedings of a skiljenämnd are generally more flexible and less formal than court trials. While evidence is presented and arguments are made, the rules of procedure can be tailored to the specific case. Confidentiality is a key characteristic, as arbitration hearings are private, unlike public court proceedings. This privacy can be advantageous for businesses wishing to protect sensitive information. The efficiency and potential cost savings compared to lengthy court battles are often cited as reasons for choosing arbitration.