In
2004, Sweden's Arbitration Act of 1999 was five years old. Inspired by
UNCITRAL's Model Law while perpetuating features of the 1929 Act, it
introduced many new concepts, such as establishing rules to determine
the law applicable to the agreement to arbitrate, authorizing the
arbitrators to decide the existence of facts and to fill gaps in
contracts, making competition law issues arbitrable, affording the
respondent the right to have the dispute resolved if the claimant
withdraws its claim, authorizing truncated tribunals where an arbitrator
obstructs the work of the tribunal. The new Act further gives
arbitrators power to decide interim measures of protection and accepts
that foreign parties waive in advance the possibility to set aside the
arbitral award.
In
order to learn about the experience of Swedish and foreign
practitioners, arbitrators and judges during the five years since the
Act was adopted, the Stockholm Arbitration Report and the Institute of Arbitration Law at the University of Stockholm, organized a symposium on 7 and 8 October 2004.
The
symposium, was arranged in co-operation with the Arbitration Institute
of the Stockholm Chamber of Commerce (SCC), the China International
Economic and Trade Arbitration Commission (CIETAC), the Hong Kong
International Arbitration Centre (HKIAC), the ICC International Court of
Arbitration, the International Centre for Dispute Resolution (ICDR),
the International Commercial Arbitration Court at the CCI of the Russian
Federation, JAMS, the London Court of International Arbitration
(LCIA), Revue de l’arbitrage, the Swedish Bar Association and UNCITRAL.
This book contains the papers presented to the six working sessions and the full discussions that took place.