{"id":107702,"date":"2025-07-10T10:33:36","date_gmt":"2025-07-10T10:33:36","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=107702"},"modified":"2025-08-19T10:39:10","modified_gmt":"2025-08-19T10:39:10","slug":"sweden-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/sweden-litigation\/","title":{"rendered":"Sweden: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-107702","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-sweden"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Gernandt &amp; Danielsson Advokatbyr\u00e5<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2021\/06\/GD_Logotype_Blue_240611.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Gernandt &amp; Danielsson Advokatbyr\u00e5<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2021\/06\/GD_Logotype_Blue_240611.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in Sweden<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main methods in Sweden for resolving commercial disputes are litigation and arbitration, with arbitration generally being the preferred method for major commercial disputes. Both are adversarial processes. Whilst mediation is available, it remains uncommon in practice. Although still infrequent, this approach appears poised to become more prevalent in the future due to demonstrable demand for alternative dispute resolution mechanisms.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Swedish Code of Judicial Procedure (Sw. <em>R\u00e4tteg\u00e5ngsbalken<\/em>) is Sweden\u2019s primary procedural legislation and almost exclusively governs the procedural aspects of litigation, including commercial litigation. Certain legal areas (e.g. employment law and competition law) have specific procedural rules found in other legislation. However, the Code of Judicial Procedure often acts as a supplement in areas of law with specific procedural rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Commercial disputes are administered by general courts, which are organised in a three-tier system; district courts, courts of appeal and the Supreme Court. The Supreme Court is the final national court to which a commercial case can be appealed. All 48 district courts deal with commercial claims. Each district court decides for itself how it will be organised internally. Consequently, some district courts have established special divisions for adjudicating major commercial disputes. Some commercial disputes have designated fora; particularly those relating to maritime matters, IP matters, competition and certain labour related matters.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The timeline for the duration of commercial litigation varies. Roughly estimated, it takes approximately 18 months to two years from commencement to ruling in the first instance, though large, complex cases may well exceed two years. If the case is appealed and the court of appeal gives leave to appeal (which is typically the case in commercial cases) it usually takes another year.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Sweden employs the principle of public access, allowing the general public to attend hearings and access documents sent to and by the courts. However, there are exceptions to this principle. Upon request by a party, and after decision by the court, secrecy can apply under the Swedish Public Access to Information and Secrecy Act to information that concerns a private party\u2019s business or operations if it can be assumed that disclosure would cause harm to that party. In practice, this means that the general public is not allowed to take part of such information and that, if any such information, including testimonies, is to be presented during a hearing, that particular part of the hearing will be held without public access. Court decisions denying access to confidential information may be appealed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Limitation is a part of Swedish substantive law. The general limitation period is ten years from the occurrence of a claim unless otherwise agreed upon by the parties or specifically regulated elsewhere, according to the Swedish Limitations Act. For claims on consumers, the general limitation period is three years. Some areas of law are subject to specific limitation periods. The limitation period can be interrupted if the debtor offers payment, pays interest or instalment(s) or otherwise acknowledges the claim. The creditor may also interrupt the limitation period by presenting a written demand to the debtor or commencing legal proceedings. If the limitation period is interrupted, a new limitation period begins from that day. Also, a new limitation period begins when the legal proceeding is concluded.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally there are no pre-action conduct requirements in commercial disputes. One notable exception is employment matters, where a party may not commence court proceedings unless the party has negotiated with his or her counterparty. Also, members of the Swedish Bar Association must not take legal action unless the counterparty is given reasonable time to consider the client\u2019s claim and to reach an amicable settlement, although legal action may be taken without prior notice if a delay would entail a risk of loss of the legal rights or other harm, or if there are other special reasons for taking such action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Commercial disputes are initiated by the filing of a statement of claim with the district court and payment of the registration fee, SEK 2,800 for the year of 2025. The claimant can either chose to bring an action for enforcement to obtain an order requiring a defendant to fulfil an obligation to act (Sw.\u00a0<em>fullg\u00f6relsetalan<\/em>) or to bring an action for a declaration of whether or not a particular legal relationship exists (Sw. <em>fastst\u00e4llelsetalan<\/em>). The latter action may be examined by the court if, as to the legal relationship, there is uncertainty which is prejudicial to the claimant and the court considers it appropriate.<\/p>\n<p>Service of process is necessary in litigation and it is essentially the court\u2019s responsibility to serve the defendant. Courts have efficient serving possibilities and are generally expedient at serving. However, a party may serve its counterparty where permission has been granted by the court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The court will ex officio determine whether it has jurisdiction as soon as the registration fee is paid. Generally, the court will examine the statement of claim to establish if anything therein indicates that the court does not have jurisdiction. If in doubt, the court would normally issue a remedial injunction to the claimant to provide opportunity to argue on the jurisdiction issue. Eventually, the court will rule on its jurisdiction based on international legislation or treaties applicable or, in the absence thereof, national sources of law.<\/p>\n<p>The Swedish Code of Judicial Procedure also contains specific rules governing which specific court that is competent to adjudicate the dispute. The starting point is that it is up to the party initiating proceedings to explain why the court in question is competent in light of these rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The court will determine the applicable law based on applicable international legislation or treaties or, in the absence thereof, national sources of law. The parties may further agree on applicable law and such an agreement will, subject to certain exceptions, be recognised. If the issue is at dispute, the court may render an interlocutory judgment regarding what law is applicable. At least in disputes that have an international dimension, the court should ex officio raise the question of what law is applicable and apply the relevant conflict of law rules. However, this does not entail that the court shall consider or inquire into facts that have not been properly invoked by the parties. Indeed, if the dispute is amenable to out of court settlement the court may not do so.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Claims can be disposed of pre-trial in several ways. Procedural impediments shall be considered ex officio by the court unless specifically regulated otherwise. There are various procedural impediments such as the court lacking jurisdiction or the claim being time-barred\/precluded (res judicata). A claim may also be disposed, inter alia; if the parties reach a settlement; if the defendant concedes the claim; if the claim is manifestly unfounded; or by default judgment (which applies inter alia where the defendant is served but fails to submit a statement of defence).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main types of interim remedies include freezing orders and other orders for measures that are suitable to secure the applicant\u2019s right in a dispute or potential dispute. The latter measures may, inter alia, include orders that prevent or require the defendant to take certain actions. The applicant has a strict liability for any losses that the defendant may suffer due to the interim measures. Therefore, interim measures are, in general, only granted if the applicant provides security.<\/p>\n<p>In certain particularly urgent situations, the courts can issue an interim decision without hearing the opposing party. In such cases, the opposing party is heard on the interim decision after it has been issued. This is only possible if there is a risk of delay (<em>periculum in mora<\/em>).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Court proceedings are initiated through the submission of an application for a summons (statement of claim). The application shall include the requested relief as well as the dispositive facts and evidence on which the claimant relies (although it is quite common that the claimant requests that evidence be submitted at a later stage). If the application meets the requirements, it will be served to the defendant who will be ordered to file a written statement of defence, typically within three weeks. Thereafter, the court will, generally, invite the parties to a preparatory hearing, during which the facts of the case are discussed and a time plan for the continued proceedings is established. In most disputes, further submissions are made by the parties and it is up to the parties to decide what documents to submit and rely upon. It is quite common that the court decides on a cut-off date after which, subject to certain limited exceptions, no new facts or evidence can be invoked closely before the main hearing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Parties have extensive rights to request court orders for document disclosure from counterparties or third parties. However, so called \u201cfishing expeditions\u201d are prohibited. In brief, document production requests should be granted when they concern (i) identified document or a category of documents that can be identified through their connection to a specific evidentiary theme, (ii) documents can be assumed to be of importance as evidence (a low threshold), (iii) documents reasonably likely in the possession of the requesting party\u2019s opponent, and (iv) a proportionality assessment by the court weighs in favour of the applicant. According to a recent decision by the Supreme Court, based on a judgment by the European Court of Justice, a court must consider the General Data Protection Regulation within the scope of the proportionality assessment. This may result in denial or limitation of the document production request.<\/p>\n<p>In addition, in order to identify if a party possesses a certain document or if a person has documents that may be assumed to be of importance as evidence, a party may request that witnesses be heard on the matter. There are several exceptions to the rules on production of documents. The exclusions include legal privilege, trade secrets and personal notes. As regards trade secrets and personal notes, an order for production may be granted if there are extraordinary reasons therefor.<\/p>\n<p>Lastly, upon a party\u2019s request, the counterparty is required to state which documentary evidence it possesses that have not yet been submitted.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A person who is summoned as a witness is required under law to appear before the court and give oral testimony under oath. Written witness statements are very unusual and only allowed under certain circumstances. Generally, witnesses testify during the main hearing but may, under some circumstances, give their testimony at a separate hearing or prior to the commencement of court proceedings. Following the examination in chief, which is, as a main rule, handled by the party who invoked the witness, the opposing party may cross-examine the witness. Thereafter, the first party may re-examine the witness. The court may also ask questions and request clarifications, although it is quite unusual. Leading (closed) questions are not allowed during the examination in chief. Deposition is not used in Sweden.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert evidence is permitted. Experts may be appointed by the court, which is very unusual, or invoked as evidence by a party which is very common. Party and court appointed experts typically submit written opinions and give oral testimonies. Party appointed experts are treated as witnesses as regards duties and in terms of compensation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A distinction is made between judgments, final decisions and non-final decisions. A court\u2019s determination on the merits of the matter at issue is made in a judgment, a separate judgment or an interlocutory judgment. Judgments and separate judgments by a district court can be appealed to the relevant court of appeal within three weeks from the date of the judgment. Judgments and separate judgments by a court of appeal can be appealed to the Supreme Court within four weeks from the date of the judgment. When a district court or court of appeal renders an interlocutory judgment, it shall decide whether such judgment can be appealed separately or only in connection with the final judgment.<\/p>\n<p>A court\u2019s determination of other matters is made by a decision. A decision that disassociates a court from the matter at issue is a final decision, e.g., a decision to dismiss an application for a summons. All other decisions are non-final. It is not unusual for Swedish courts not to give very detailed reasons for their decisions.<\/p>\n<p>As a general rule, only final decisions can be separately appealed, i.e., appealed separately from a judgment, to a court of appeal or the Supreme Court, as the case may be. However, there are exceptions to this rule and several non-final decisions may also be separately appealed.<\/p>\n<p>Appealed judgments and decisions will only be assessed by the superior court if such court grants leave to appeal. A court of appeal shall grant leave to appeal if (i)\u00a0there is reason to believe that the district court has come to an erroneous conclusion, (ii) it is not possible to assess the correctness of the district court\u2019s judgment or decision, (iii) it is of importance for the guidance of the application of law that a superior court considers the appeal, or (iv) there are extraordinary reasons to entertain the appeal. The Supreme Court shall only grant leave to appeal if item (iii) or (iv) is at hand. Being granted leave to appeal by the Supreme Court is very uncommon.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general rule, foreign judgments are enforced if it follows from law (including EU law) or an international convention to which Sweden has acceded. Judgments originating from EU member states are tantamount to Swedish judgments and can be enforced without further actions if the 2012 Brussels I Regulation is applicable to the judgment. Commercial judgments originating from states that are contracting parties to the Brussels Convention or the Lugano Convention can be enforced in Sweden following an exequatur proceeding, which is initiated by the submission of an application to an authorised district court. This is a formal procedure and the district court shall not reassess the merits of the case. Furthermore, through EU, Sweden is bound by the 2005 Hague Convention. Sweden is a contracting party to the New York-Convention.<\/p>\n<p>In some instances, enforcement may be denied, e.g., if the foreign judgment contradicts Swedish ordre public or if enforcement would be contrary to doctrines of state immunity.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally, the losing party must compensate the successful party for its litigation costs. Such compensation shall fully cover the costs reasonably required to safeguard the winning party\u2019s interest, including fees for lawyers, party-appointed experts, and other professionals, e.g., translators, forensics, etcetera. The courts assess whether the costs were reasonably required on a case-to-case basis, typically considering case complexity, proceeding duration and the amount in dispute. Furthermore, the allocation of costs is affected by the outcome of the case; where relief is only partially granted, courts may order only partial cost recovery.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are various mechanisms for bringing a class action before Swedish courts of general jurisdiction. However, class actions are very rare. Class actions are governed by the Swedish Group Proceedings Act, which contains special procedural rules that, to some extent, deviate from the rules in the Swedish Code of Judicial Procedure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If a party to an ongoing proceeding wishes to make a claim, which is dependent on the outcome of the ongoing proceeding, against a third party, such party may apply for a summons against the third party and request that the proceedings should be handled jointly. Similarly, a third party may bring an action against the parties (or a party) to an ongoing proceeding and request that the proceedings should be handled jointly.<\/p>\n<p>If one claimant simultaneously brings several actions against one and the same defendant and the actions are based on essentially the same ground, the actions shall be consolidated. This also applies if one or several claimants simultaneously bring an action against one or several defendants and the actions are based on essentially the same ground. In addition, a defendant in an ongoing proceeding may bring an action against the claimant through an application for a summons and request that the two proceedings be consolidated.<\/p>\n<p>Moreover, proceedings between the same or different parties may be consolidated in other cases if it would benefit the handling of the proceedings. However, such consolidation is not mandatory and the proceedings may be separated at a later stage.<\/p>\n<p>Lastly, a third party may intervene in an ongoing proceeding if it can show that it is probable that the ongoing proceeding has an impact on its legal rights or obligations, or that the ongoing proceeding may affect its standing in a subsequent proceeding in which it will be a party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Third parties may fund litigation. The concept has historically been very rare in Sweden. However, a number of litigation funders have emerged in recent years and third party funding is therefore becoming more common. The funding arrangement requires special consideration in order to avoid potential conflicts of interests for the counsel (if counsel is a member of the Swedish Bar Association) and to preserve the right to compensation for litigation costs from the opposing party. According to a precedent from the Supreme Court, the corporate veil can be pierced if a party to a dispute has been established for the purpose of avoiding liability for litigation costs. It cannot be excluded that such principle could also extend to a third party funder, depending on the circumstances.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What has been the impact of the COVID-19 pandemic on litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>During the pandemic, Swedish courts continued their operations and did not suspend any part of their judicial operations. However, the courts were in certain situations forced to cancel or postpone hearings due to illness or travel restrictions for parties, counsel, witnesses or judges. The need to cancel or postpone hearings was mitigated by the possibility to allow testimonies to be taken over phone or through video conferencing. In particular, the courts were more willing to allow for remote testimonies and for parties and their counsel to participate remotely through video conferencing. Overall, the equipment and systems used for these purposes functioned well. In our opinion, the courts have, following the pandemic, been more amenable to allowing remote participation then before.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Sweden is praised and recognised globally for its transparency and for its consistent adherence to the rule of law. Litigating in Sweden is safe, stable and predictable. The procedure is adversarial and highly driven by the parties, i.e., quite similar to the principles that typically govern international arbitration. The procedure is also expedient and non-formalistic.<\/p>\n<p>Most commercial disputes are handled by the larger courts in Stockholm, Gothenburg and Malm\u00f6, and the judges maintain high integrity and, at least in the courts of Sweden\u2019s largest cities, possess the competence to deal with large and complex commercial disputes.<\/p>\n<p>A disadvantage could be that Sweden lacks special commercial courts for commercial disputes, meaning that the general courts will handle also large and complex commercial cases.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>We expect to see a continued increase in regulatory disputes, especially disputes regarding banks and other financial institutions, much as a result of the increasing regulation and an increased activity from the Swedish regulator within these fields.<\/p>\n<p>We also expect to see a continued flow of disputes in the wake of insolvencies as a result of the global economic climate and several high profile bankruptcies and restructurings.<\/p>\n<p>We also foresee that disputes in many areas will continue to be caused by the challenging geopolitical landscape, for example disputes related to economic sanctions, tariffs and an increasing protectionism. In particular, this is expected to be case for disputes related to sectors such as energy, natural resources, automotive, public transportation and infrastructure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Swedish courts have had a positive stance towards new technology for several years. Most submissions, court correspondence and decisions are filed entirely electronically without hard copies, the courts will accept electronic power of attorneys and witnesses are frequently allowed to give testimony by phone or through video conferencing. Most courtrooms are also equipped with up-to-date technology for video conferencing, presentation equipment, etcetera. We expect this trend to continue.<\/p>\n<p>Technology \u2013 particularly automation and artificial intelligence \u2013 will continue to streamline the litigation process and the use of AI is on the rise among the country\u2019s law firms. For example, more and more law firms are starting to utilise AI tools to assist in reviewing documents, a development necessitated by the rise of massive electronic productions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">3979<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/107702","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=107702"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}