skiljedomsförfarande

Skiljedomsförfarande, often translated as arbitration, is a method of dispute resolution outside of the court system. In a skiljedomsförfarande, parties in a disagreement agree to present their case to one or more impartial arbitrators, rather than a judge. These arbitrators, who are typically chosen for their expertise in the relevant field, then make a binding decision, known as an award.

The process usually begins when parties agree to arbitration in a contract clause or by signing a separate arbitration agreement after a dispute arises. They then select the arbitrator(s). The proceedings are generally less formal than court trials. Parties present evidence and arguments, and the arbitrators conduct hearings. The rules governing the arbitration can be agreed upon by the parties or follow established institutional rules, such as those of the Arbitration Institute of the Stockholm Chamber of Commerce.

A key characteristic of skiljedomsförfarande is the finality of the award. While there are limited grounds for challenging an arbitral award, it is generally considered binding and enforceable, similar to a court judgment. This can offer efficiency and certainty for the parties involved. Skiljedomsförfarande is commonly used in commercial disputes, international trade, and labor relations, where speed, confidentiality, and specialized expertise are valued.