Sweden: Q&A: Trends In Dispute Resolution From A Nordic Perspective

Last Updated: 1 April 2013
Article by Gisela Knuts and Henrik Fieber

What Is The Roschier Disputes Index?

In general, there is little publicly available information about the dispute resolution preferences of clients in the Nordic region. We obviously have our own views based on our work with clients, but in 2010 we decided to get the broader view and potentially initiate a discussion in the Nordic legal market about dispute resolution. So we contacted TNS Prospera, one of the best-known independent market research companies in this region, to set up this survey and the Roschier Disputes Index was born.

We formalized the questions alongside TNS Prospera and then surveyed the 100 biggest companies in Sweden and Finland respectively. TNS Prospera reported the findings to us and we prepared the commentary. The second edition of the Roschier Disputes Index was published this year.

How Have Clients Responded To The Findings?

The response has been very good. For many of these clients it seems that our questions have prompted internal discussions about the available legal choices and how to select appropriate dispute resolution mechanisms. So it has been a good way to put dispute resolution on the corporate agenda and to highlight the main themes and headlines surrounding its use. Generally speaking, when contracts are entered into it is not usually a priority to discuss where to hold a potential dispute, or through what method.

It is also important to note that the survey focuses on all three strands of litigation, arbitration and ADR. So it is a tool by which we serve the sentiment of dispute resolution – we are not trying to steer people towards one solution or another.

Why Is Arbitration The Preferred Method For Resolving Disputes?

In the Nordic region, arbitration is so popular that companies use arbitration even when it could be a better idea to go to litigation. These types of surveys spur companies to think about their policies when it comes to disputes. Disputes are increasingly important because they are getting bigger and they are costing more so it should be a priority for big corporations to have dispute resolution policies in place.

The companies that were questioned for this survey were the biggest companies in Sweden and Finland so these companies are very active in the global market. For very obvious reasons, arbitration is the preferred method of solving disputes for multinationals. Firstly, it provides a neutral venue, which is very useful if you're doing business in a country that you don't know that much about. An arbitral award can also be enforced all over the world, as opposed to a judgment in a national court that could be more difficult to enforce. In addition, arbitration provides the opportunity to appoint the decision maker and also gives you a line to commercially experienced arbitrators that are immersed in the international business community, as opposed to state judges' more general knowledge.

The non-public nature of arbitration also makes it attractive in comparison to courts where all matters are public.

How Has Sweden Managed To Retain Its Popularity As A Destination For Arbitration In The Face Of Increasing Competition From Rival Arbitration Centers?

There is certainly a lot more competition today between arbitration institutions. However, one has to remember that Sweden has a very long history of arbitration and of handling large complex arbitrations between parties from various nationalities; most notably it housed many of the East/West disputes that were so prevalent in the 1970s and 1980s. In terms of personnel, Stockholm has a reputation for very experienced and neutral arbitrators, while our lawyers have a strong tradition of handling complex disputes. Our dispute resolution infrastructure is also very good and we have a highly respected arbitration institute.

Why Is The Arbitration Institute Of The Stockholm Chamber Of Commerce (SCC) Considered So Attractive By Clients?

Its rules are obviously good but we think that the real strength of the arbitration institute of the SCC lies in its mindset. Its approach to resolving disputes is very pragmatic and in appointing arbitrators the institute is very committed to broadening its pool of specialists: it has a strong focus on regional quality and on gender equality and it takes great strides to ensure a competent and diverse panel of arbitrators. It is also very service-orientated and is constantly looking to improve services and cut down bureaucracy.

What Advantages Would Instructing Roschier In Arbitration Provide To Clients?

We are one of several excellent dispute resolution practices in Northern Europe – in fact it is one of the great strengths of the region that there is a broad range of expertise.

Our practice has a well-established track record of handling complex and high profile disputes. We also have a lot of experience in working alongside colleagues across the world to try to get the best results in cross-border cases.

On international comparisons, clients based in the Nordics or who are handling disputes connected to the region, appreciate the fact that culturally we are very pragmatic and commercial in our approach to resolving disputes.

Going Forward, What Trends Are Set To Influence The Use Of Arbitration As A Method For Resolving Disputes?

There is no doubt that cost-consciousness will always be one of the main trends, but how it will play out in practice remains to be seen. We think that we have seen a shift from the thinking that used to prevail that litigation was cheaper than arbitration. That is clearly no longer the case: complex litigation is at least as costly as the same case in arbitration because litigation is not a one-stop-shop.

There is increased competition in the market for providing dispute resolution services and that, in combination with the general sense of cost-consciousness, will increase pressure on counsel to become more cost-aware. This could drive new methods to deal even more efficiently with disputes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions