skiljeförfarande

Skiljeförfarande, often translated as arbitration, is a method of dispute resolution that involves submitting a disagreement to one or more impartial arbitrators who make a binding decision. This decision, known as an award, is generally enforceable by courts. Skiljeförfarande is often chosen as an alternative to traditional litigation in courts, particularly in commercial and international disputes.

The process typically begins when parties to a contract agree in writing, through an arbitration clause or a separate agreement, to resolve any future or existing disputes through arbitration. This agreement is the foundation of the arbitrators' jurisdiction. Parties can agree on the number of arbitrators, the rules governing the arbitration, the seat of arbitration, and the language of the proceedings. If they cannot agree, these details are often determined by an arbitral institution or by law.

Arbitrators are chosen by the parties or appointed according to agreed-upon rules. They then conduct a hearing where both sides present their evidence and arguments. Unlike court proceedings, arbitration is usually private and confidential. The arbitrators review the evidence and legal arguments and then issue a final and binding award. This award typically resolves all issues in dispute and is much harder to appeal than a court judgment. Skiljeförfarande is favored for its perceived efficiency, flexibility, and the expertise of arbitrators in specific fields.