Litigation in Sweden
Sweden has a reputation for pleasant, good-looking people, catchy pop music, small, sweet meatballs, and stylish, reasonably priced furniture. But I visited Malmo and Lund when I was studying law in Copenhagen and I can also tell you Sweden can be very cold. And that frost may not just reflect the Nordic climate, but extend to business disputes, too. And to learn about how Swedes litigate those disputes, I was fortunate enough to speak with my old classmate, Isabel Johansson, the principal of Sipia Juridik AB in Stockholm.
Why should you continue reading this post about litigation in Sweden?
You read my post about litigation in Denmark and you want to read something very similar, but with no øs.
Your knowledge of Sweden largely comes from The Muppet Show, which is a very old show and is likely no longer accurate.
You’re from Skåne County and appreciate the references to non-Stockholm places in your country.
Isabel Johansson is the principal of Sipia Juridik AB in Stockholm. This interview has been lightly edited.
Can you tell me about the kinds of disputes you handle in your legal practice?
I work mainly with contract disputes, commercial agreements and other business-related questions for Swedish companies.
What type of clients do you generally represent in disputes?
My clients are most often small to middle-sized companies that are privately owned.
Besides Microsoft Office, what software do you use in your practice?
I work with Microsoft Office all day – or pen and paper.
What books and websites do you use for legal research?
I mostly use Juno that is a large Swedish legal research software with comments on the law and also relevant literature. It’s like having the law book and comments on it online.
Sometimes Google, Näringslivsregistret, alltombolag.se and kreditrapporten.se. Those websites are specific for Swedish companies.
Image credit: https://en.wikipedia.org/wiki/Supreme_Court_of_Sweden#/media/File:Hogsta_domstolen_Stockholm.jpg
Do you electronically file pleadings with the court? Or must you send paper copies of them to the courthouse?
Yes, I file them electronically with this site: https://www.domstol.se/tjanster-och-blanketter/signera-och-skicka-handlingar-digitalt/. I may send a power of attorney in original, but lately we have started to also upload POAs online with “BankID”, a Swedish bank app where you confirm your identity.
Does Sweden have specialized courts that only hear commercial cases?
No, there are not many special courts in Sweden. Many judges have to handle both commercial cases, but also crime and family law.
Who decides the facts in a commercial case? Is it a judge or a jury?
A judge.
Generally speaking, how many pages are the complaints or initial pleadings you see in your work?
10-20 pages (plus appendixes).
Generally speaking, how long does it take for a case to go from complaint to judgment?
1 to 1 1/2 years.
Generally speaking, how is evidence exchanged between the parties before trial? Do you get to interview the opposing witnesses before the trial?
Evidence is mostly in written or oral form. We have a hearing of the witness during the trial, not before.
If you win, does the other side reimburse your attorneys’ fees?
Yes, that's the main rule.
Are the courts open to the public? Can ordinary people watch a commercial trial?
They are public. In some cases they are not open due to very young age of the concerned, or in some criminal cases.
Do you believe that Swedish courts have a particular strength for resolving commercial disputes? How about a weakness?
I think the courts have a high standard. The weakness may be because of the wide variation of cases to solve.
How often do you go to the courthouse?
Only a few times a year. Most of my cases settle.
When you are there, do you need to wear a special robe or wig?
No, we don’t wear a robe or wig, but do “dress up” such as in a suit or likewise.