Originally From Arbitration Law of Sweden: Practice and Procedure

Enforcement of Swedish Awards

11.1 Introduction

The winning party can get an award enforced insofar as payment liability or some other performance obligation has been imposed on the opposing party. The award is also enforceable in the matter of costs, insofar as the opposing party has been ordered to pay the party’s costs and fees which the party has paid to the arbitrators. If the claimant has lost the arbitration, the winning respondent can obtain enforcement of the award in the matter of costs. The following account deals with a party’s right to have the award enforced against the opposing party. Finally we shall consider the special rules that apply in order for an arbitrator to obtain enforcement of an award insofar as it includes an injunction for the parties to pay him compensation.

11.2 The right of a party to obtain enforcement of the award against the opposing party

A party who has won an arbitration has cause to consider directly whether he should take immediate action to secure the enforcement of the award. If there is a risk that the respondent will try to evade liability for payment or sabotage or delay enforcement, the claimant will be well advised to act swiftly. He should not confine himself to applying for execution, because it often takes quite a long time for the applicant’s claim to be secured, one reason being that, under chap. 3, section 15 (3) of the Enforcement Code, the Enforcement Authority must always give the respondent an opportunity to state his case before an order can be made and implemented. Contrary to the situation in ordinary debt recovery proceedings, the applicant has no possibility of getting the execution proceedings completed without the respondent being notified beforehand in cases where there is a risk of sabotage or where the matter is otherwise one of urgency.1 The respondent’s right to be given the opportunity to state his case concerning enforcement of an arbitration award is prompted by the intention that he shall be able to oppose enforcement. At the same time, he is assured of being informed of the award before the Enforcement Service takes steps to enforce it.2