Member-only story

Private International Law in Sweden

Ben Hayes

·10k Followers· Follow

Published in Kindle Edition

5 min read · 2 weeks before

683 View Claps

43 Respond

Save

Listen

Private international law (PIL) is the body of law that governs the relationships between private individuals and entities in different countries. It is a complex and ever-evolving field of law, as the world becomes increasingly interconnected and globalized.

Private International Law in Sweden

5 out of 5

Language	:	English
File size	:	1286 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	246 pages

Sweden is a member of the European Union (EU) and the European Free Trade Association (EFTA). As such, it is subject to a number of EU and EFTA regulations that govern PIL. In addition, Sweden has its own national PIL legislation, which is based on the principles of comity and reciprocity.

This comprehensive guide to PIL in Sweden provides an in-depth analysis of the relevant legislation, case law, and academic commentary. It is an essential resource for legal practitioners, academics, and students alike.

Jurisdiction

Jurisdiction is the power of a court to hear and decide a case. In PIL, the question of jurisdiction is often complex, as there may be multiple courts that have jurisdiction over a particular case.

The Swedish courts have jurisdiction over cases that involve:

A person who is domiciled in Sweden
A company that is incorporated in Sweden
A tort that was committed in Sweden
A contract that was entered into in Sweden

The Swedish courts may also have jurisdiction over cases that involve a foreign element, such as a contract that was entered into in a foreign country or a tort that was committed in a foreign country. In these cases, the Swedish courts will apply the rules of PIL to determine whether they have jurisdiction.

Choice of Law

Choice of law is the process of determining which country's law will govern a particular case. In PIL, the choice of law is often a complex issue, as there may be multiple countries that have an interest in the case.

The Swedish courts will apply the rules of PIL to determine which country's law will govern a particular case. The factors that the courts will consider include:

The place where the contract was entered into
The place where the tort was committed
The place where the parties are domiciled
The purpose of the contract or tort

The Swedish courts will also consider the relevant international conventions and treaties that Sweden has signed.

Recognition and Enforcement of Foreign Judgments

A foreign judgment is a judgment that was issued by a court in a foreign country. In PIL, the recognition and enforcement of foreign judgments is a complex issue, as there may be multiple countries that have an interest in the case.

The Swedish courts will recognize and enforce a foreign judgment if it meets the following requirements:

The judgment was issued by a competent court
The judgment is final and binding
The judgment is not contrary to Swedish public policy

The Swedish courts may also refuse to recognize or enforce a foreign judgment if it was obtained by fraud or if it is based on a violation of human rights.

International Commercial Arbitration

International commercial arbitration is a process for resolving disputes between businesses from different countries. Arbitration is a private and confidential process that is often used to resolve disputes that arise out of international commercial contracts.

Sweden is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This convention provides for the recognition and enforcement of foreign arbitral awards in Sweden.

The Swedish courts will enforce an international commercial arbitration award if it meets the following requirements:

The award was made by a competent arbitral tribunal
The award is final and binding
The award is not contrary to Swedish public policy

The Swedish courts may also refuse to enforce an international commercial arbitration award if it was obtained by fraud or if it is based on a violation of human rights.

This guide provides a comprehensive overview of PIL in Sweden. It is an essential resource for legal practitioners, academics, and students alike.

Private International Law in Sweden

5 out of 5