Judgment of the Supreme Court of Sweden, 29 December 2000, Case No. T 5119-99/NJA 2000 s. 773

Summary: The appellant requested a court order under the 1929 Swedish Arbitration Act (the “1929 Act”) while the arbitration proceeding was ongoing, seeking compensation for paying the counterparty’s half of the advance on costs.  The Supreme Court of Sweden noted that neither the 1929 Act nor the 1999 Swedish Arbitration Act expressly allow such relief.  Further, the court observed that such would relief would be temporary, pending the final arbitral award.  Considering case law and legislative history, the court rejected the request and concluded that a party has no right to recover payment for the advance on costs while an arbitration is ongoing, unless otherwise agreed by the parties.