Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law, Athens, August 1994

By J. J. Fawcett; International Congress of Comparative Law | Go to book overview

17 Sweden
MICHAEL BOGDAN Professor, Faculty of Law, University of Lund
CONTENTS
I Introduction371
II Forum non conveniens373
III Lis pendens374
IV Choice of jurisdiction clauses376
V Arbitration agreements378
VI Restraining foreign proceedings378

I INTRODUCTION

This chapter deals, in a summary fashion, with some of the rather exceptional situations where Swedish courts are entitled, or even obliged, to decline to exercise the jurisdiction which they have under the normal Swedish jurisdictional rules. Not all such exceptional situations will be covered: among those omitted it is possible to mention those cases where the defendant enjoys jurisdictional immunity pursuant to the law of nations. Another self-imposed limitation on this chapter is that family law will not be dealt with here, since the nature and scope of the problem is very different in that field.

It must be pointed out that Sweden is a small jurisdiction with relatively few judicial decisions on this point. Together with the lack of comprehensive statutory regulation of the area under scrutiny, this leads to considerable uncertainty as to the state of the law. Many questions remain open and legal writers are often forced to resort to speculation and guesswork.

The jurisdiction of Swedish courts in civil matters is not exhaustively regulated by statute. The existing statutory jurisdictional rules deal mostly with rather special matters covered by the provisions on jurisdic-

-371-

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Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law, Athens, August 1994
Table of contents

Table of contents

  • Title Page iii
  • General Editor's Preface v
  • Preface vii
  • Contents ix
  • Table of Cases xi
  • Table of Legislation xxxviii
  • Table of Conventions and Treaties lv
  • 1 - General Report 1
  • 2 - Argentina 71
  • 3 - Australia 79
  • 4 - Belgium 99
  • 5 - Canada (common Law Jurisdictions) 121
  • 6 - Canada (quebec) 145
  • 7 - Finland 169
  • 8 - France 175
  • 9 - Germany 189
  • 10 - Great Britain 207
  • 11 - Greece 235
  • 12 - Israel 259
  • 13 - Italy 279
  • 14 - Japan 303
  • 15 - The Netherlands 321
  • 16 - New Zealand 341
  • 17 - Sweden 371
  • 18 - Switzerland 381
  • 19 - United States of America 401
  • Appendix Questionnaire 429
  • Index 433
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