What are the main procedural rules governing commercial litigation?
Litigation & Dispute Resolution
The procedural statutory legislation governing commercial litigation is almost exclusively found in the Swedish Code of Judicial Procedure (Sw. rättegångsbalken). Certain legal areas (e.g. employment law and competition law) also have specific procedural rules found in other legislation.
The main procedural rules imply the filing of a claim and summons addressed to the counterparty and allowing them a 30 day period within which to challenge the claim. This is followed by the scheduling of a preliminary hearing where the Court invites the parties with the goal of reaching a settlement or, if that is not possible, defining the subsequent terms of the process and scheduling a final hearing.
After that final hearing has occurred and all the evidence has been presented, the court makes a final ruling, which may be subject to appeal, depending on the amount due.
Federal Law number 11 of 1992 known as the Civil Procedures Law is the main law governing all civil and commercial litigation procedures. The law tackles all procedures of trials from filing claims, notifying parties, experts and their appointments and tasks, appeals, order in hearings, procedures, special and urgent applications, discontinuance, cessation and lapse of time and all other procedures.
The procedures of the Commercial Court are governed by the Civil Procedure Rules of the Shari’a Courts of 2013. Each of the specialized statutory tribunals has its own procedural rules, and where an issue is not covered by these rules the Civil Procedure Rules of the Shari’a Courts apply. Arbitration procedures are governed by the Arbitration Regulation of 2012.
The purpose of the Norwegian Dispute Act is to provide a basis for hearing civil disputes in a fair, sound, swift, efficient and confidence inspiring manner through public proceedings before independent and impartial courts. The Act shall safeguard the needs of individuals to enforce their rights and resolve their disputes, and the needs of society for respect and clarification of legal rules. In addition, the Norwegian Arbitration Act provides procedure rules for disputes that the parties have agreed to settle by arbitration.
Where a commercial claim is brought in federal court, the procedural rules governing such claims are found in the Federal Rules of Civil Procedure (the “FRCP”). Each federal district may promulgate rules to supplement, and in some instances to modify, the FRCP, and each individual judge within each district may also promulgate rules governing proceedings in his or her courtroom. State commercial claims are governed by the procedural rules of the state in which the claim is litigated.
Commercial litigation is primary governed by the following three sets of procedural rules:
- The Austrian Jurisdiction Act (“Jurisdiktionsnorm”) determines the organisation and jurisdiction of courts.
- The Austrian Code of Civil Procedure (“Zivilprozessordnung”) sets out the rules for contentious proceedings in civil courts and provides a framework for national and international arbitration.
- The Austrian Enforcement Code (“Exekutionsordnung”) determines the enforcement of judgments as well as of arbitral awards and preliminary remedies.