Decision of the Supreme Court of Sweden, 10 May 2012, Case No. Ö 1590-11/NJA 2012 s. 289
Summary: The appellant requested court assistance in taking evidence from a third party in an on-going arbitration under Section 26 of the Swedish Arbitration Act. The counterparty objected to the request, asserting that the requested material lacked evidentiary value and contained trade secrets that should only be disclosed in extraordinary circumstances. The Supreme Court of Sweden explained that under Section 26 of the Swedish Arbitration Act the evidentiary value of the requested material is a question exclusively for the tribunal that authorizes the request for assistance, which the court may not review. The court’s review is limited to the legality of the disclosure order and whether an exception for the disclosure exists. The court found no legal impediments to ordering the disclosure and conducted a balancing test to conclude that extraordinary circumstances to except disclosure did not exist. The Supreme Court affirmed the District Court’s decision and ordered the disclosure of the requested material.