Court assistance in production of documents in Sweden
28 September 2012


A new article by Christina Blomkvist examines Swedish court intervention in arbitration proceedings. Blomkvist analyzes in particular the approach of Swedish courts in the taking of evidence, focusing in a recent decision by the Supreme Court of Sweden in the case No. Ö 1590-11.
In this decision the Supreme Court reinforced the position of limited court review of applications for court assistance in production of documents made under Section 26 of Swedish Arbitration Act. The Supreme Court explained that the evidentiary value of requested material is a question exclusively for the arbitral tribunal that authorizes the application for assistance, which courts may not review. Courts must ensure that there is no legal obstacle to grant the application, and confirm i.a. that the arbitral tribunal has consented to the application.

Blomkvist concludes that courts in Sweden are to a large extent available for the parties without interfering with the arbitral tribunal’s mandate.
 
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arrow_small Read case No. Ö 1590-11 available in Swedish Arbitration Portal
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