In NJA 2013 s. 209 the Supreme Court explained that this applies regardless of whether the action is for a negative or affirmative declaratory judgment, albeit the test to be applied may have to be made with the application of differing criteria taking into account the kind of action sought. 1 1 Section 2(1)(1) provides that the ”arbitrators may continue the arbitral proceedings pending the determination of the court”. 1 2 Born, International Commercial Arbitration , sec. ed. 2014, p. 1101 et seq., Fohlin, A Case for a Right to Appeal Negative Jurisdictional Findings In International Arbitration Under the Model, Law, Asian Dispute Review 2008, p. 113 et seq, and Kröll, Recourse Against Negative Decisions on Jurisdiction, Arbitration International, Vol. 20 No. 1, 2004, p. 55 et seq. 13 Full review has also been called full judicial review in legal literature. 14 Born, has in an article, ‘Irish High Court on Full Versus Prima facie Judicial Consideration of Whether an Arbitration Agreement Exists’, Kluwer Arbitration Blog from 2010-12-13, summarized the problem as regard to an Irish ruling from
Hänvisas från p. 3 (s. 655)
3.As referred to above, in arbitrations in Sweden the parties have a more or less unfettered right to bring a positive or negative declaratory claim before a district court concerning a declaratory judgment regarding the jurisdiction of the arbitrators. In this regard Swedish arbitration law differs from arbitration laws in a number of countries. The requirements for a declaratory action regarding the jurisdiction of the arbitrators are those generally applied with respect to a declaratory action in Sweden, and provided for by Chapter 13 Section 2(1) of the Swedish Code of Judicial Procedure. Consequently, the test applied is whether any uncertainty exists as to the legal relationship in question, and the uncertainty exposes the claimant to a detriment. The provision in section 2(1) is non-mandatory. This postulates a requirement that an action for a declaratory judgment with regard to the circumstances can be deemed to be appropriate for the action to be admissible.s. 655