Challenge of arbitrators under the Swedish Arbitration Act — procedure and reappointment

Abstract

A number of practically important issues regarding the challenge and reappointment of arbitrators remain uncertain under Swedish arbitration law. These issues include (i) whether the tribunal should try an early challenge against a party-appointed arbitrator before or after a chairman has been appointed; (ii) whether the appointing party has a right to accept an early challenge, withdraw its choice and appoint another arbitrator; and (iii) whether the parties are free to agree on the procedure for reappointment after a challenge based on pre-existing circumstances has been made. These issues all have implications for arbitrators, parties and counsel. This article discusses these issues from a practical perspective and seeks to suggest possible solutions. The issues discussed are also related to the ongoing revision of the