Dispute Resolution & Litigation
Protecting Interests. Resolving Disputes.
Our Dispute Resolution and Litigation practice helps businesses and individuals understand where they stand when a commercial relationship breaks down, and decide how to proceed. We advise on contractual disagreements, claims for payment and damages, shareholder and partner disputes, and the procedural choices that shape the outcome: negotiation, mediation, arbitration or court proceedings. Our work begins with a candid assessment of the contract, the evidence, the deadlines and the realistic range of results, so that clients can weigh the cost and risk of each route before they commit to it. Where a dispute has an international dimension, we also consider forum and enforcement from the outset.
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Our Expertise
A dispute is rarely only a legal problem. It consumes management time, affects relationships with customers and suppliers, and carries financial risk that is not limited to the amount claimed. Our advice therefore addresses the commercial position alongside the legal one: what the client needs to achieve, what it can prove, and what it would cost to pursue or defend the claim.
We advise companies, owners and private clients involved in disagreements about the performance of contracts, delivery and quality, payment, termination, liability, and the rights of shareholders and business partners. We act for those who wish to assert a claim and for those who need to defend one, and we approach both with the same discipline: begin with the documents, establish the facts that can be proved and decide what outcome is worth pursuing.
The most consequential decisions in a dispute are often made early: whether to give notice, whether to continue performing, whether to preserve evidence, which forum has jurisdiction and whether a limitation period is running. We aim to be involved at that stage, because a well-judged first step often keeps options open that a hurried one closes.
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How We Can Assist
We assist at each stage of a dispute, from the first sign of disagreement to the enforcement of a result.
Commercial disputes
We advise on disputes between businesses arising from supply, services, distribution, agency, construction, licensing and other commercial arrangements. We identify the legal basis of the claim or defence, the remedies available and the evidence that will be needed, and we explain what the realistic outcomes are.
Contractual disagreements
Many disputes turn on what a contract actually requires. We analyse the wording of the agreement, the parties’ conduct and the applicable law to establish whether there has been a breach, what the consequences are, and whether notice, remedy periods or other procedural conditions must be observed.
Pre-litigation assessment
Before a claim is made or answered, we review the dispute history, the evidence, the amount at stake, the limitation position and the available forums. The assessment gives the client a clear basis for deciding whether to negotiate, to issue a formal demand, to propose mediation or to prepare for proceedings.
Settlement negotiations
Most commercial disputes are resolved by agreement. We negotiate settlements on the client’s behalf and prepare the written settlement terms, paying attention to the release of claims, payment arrangements, confidentiality and the continuing commercial relationship where the parties wish to preserve it.
Mediation
Mediation can be a faster and less costly route than formal proceedings where the parties are willing to engage. We advise on whether mediation suits the dispute, help select a mediator, prepare the client for the process and document any settlement reached, including its status under Swedish law.
Civil and commercial court proceedings
We advise on civil and commercial proceedings in the Swedish courts and assist clients in preparing for them: assessing the claim, preparing the written case and the evidence, and considering how the procedure is likely to develop. We discuss with the client at the outset which tasks we can take on in a particular matter.
Enforcement considerations
A favourable decision is of limited value if it cannot be collected. We consider enforcement at the start, including interim measures to secure assets, the use of the Swedish Enforcement Authority, and the recognition and enforcement of judgments or awards where the counterparty’s assets are in another country.
Dispute prevention
Many disputes can be avoided or contained by better documents and earlier decisions. We review contracts and business practices to improve dispute clauses, notice and record-keeping procedures, and escalation mechanisms, so that a disagreement, if it comes, is easier to manage.
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Swedish and International Legal Considerations
Swedish procedure is codified and relatively accessible. These are the rules that most often shape a commercial dispute.
Official legal sources
The Code of Judicial Procedure (rättegångsbalken (1942:740))
The Code governs procedure in the Swedish general courts. A civil claim is normally brought in a district court (tingsrätt). A district court judgment can be appealed to a court of appeal (hovrätt), but in most civil cases leave to appeal is required, and an appeal to the Supreme Court (Högsta domstolen) is possible only where leave is granted. Under the Code the losing party is in principle ordered to compensate the winning party’s reasonable litigation costs, which is a significant factor in assessing risk.
Limitation periods
The Limitation Act (preskriptionslagen (1981:130)) sets time limits on claims, which can be interrupted only by specific steps, and specific statutes and contracts often set shorter periods or notice requirements, for example for complaints about defective goods. Time can therefore run while the parties are still in correspondence, and the position should be checked at the earliest stage.
Mediation
The Act on Mediation in Certain Private-Law Disputes (lag (2011:860) om medling i vissa privaträttsliga tvister) regulates the mediator’s duty of confidentiality and allows a mediated settlement to be made enforceable in certain circumstances.
Jurisdiction and cross-border enforcement
In disputes within the EU, Regulation (EU) No 1215/2012 (Brussels I recast) allocates jurisdiction between Member State courts and provides for recognition and enforcement of judgments. Arbitration agreements are excluded from that Regulation and are governed by arbitration law and the New York Convention.
Enforcement in Sweden
Swedish judgments and many other enforceable titles are enforced through the Swedish Enforcement Authority (Kronofogden). For undisputed monetary claims there are also simplified payment-order procedures, which can be used in appropriate cases.
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Our Approach
A dispute is decided on its record. We build that record carefully and early.
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Establishing the facts and the timeline
We collect the contract, the correspondence, the invoices and any other documents, and we establish a clear chronology, with the dates on which time limits and notice obligations may have begun to run.
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Assessing the claim and the defences
We analyse the legal basis of each side’s position and the evidence available to prove or answer it, and we give the client a candid view of strengths, weaknesses and uncertainty. We do not predict or guarantee outcomes.
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Choosing the forum and the strategy
We compare negotiation, mediation, arbitration and court proceedings by reference to cost, speed, confidentiality, enforceability and the client’s commercial priorities, and we recommend a route.
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Preparing and presenting the case
We prepare the demand, the settlement proposals or the written submissions, organise the evidence, and keep the client informed about each decision point and its consequences.
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Resolution and enforcement
We help the client conclude a settlement or implement a decision, and we take the steps needed to secure payment or performance, including enforcement outside Sweden where required.
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Frequently Asked Questions
When should I seek legal advice about a dispute?
As early as possible, and certainly before sending a formal notice, terminating a contract or stopping performance. Those steps can have legal consequences, and limitation periods or contractual notice deadlines may already be running. An early review often preserves options that would otherwise be lost.
How long does a commercial dispute take, and what will it cost?
Both vary widely with the complexity of the case, the volume of evidence, the forum and the conduct of the other party. After reviewing the documents we can explain the likely stages and give the client an informed view of the time and cost involved, but we cannot promise a particular duration, cost or result.
Who pays the legal costs in a Swedish court case?
As a general rule in Swedish civil proceedings, the losing party is ordered to pay the winner’s reasonable litigation costs, in addition to its own. The amount is assessed by the court, and a party that wins only in part may bear a proportion of the costs. This feature is an important part of any assessment of risk.
Can a dispute be resolved without going to court?
Very often. Negotiation and mediation are common, and where the contract contains an arbitration clause, the dispute is decided by an arbitral tribunal instead of a court. We assess with the client which route is most likely to achieve its objective at proportionate cost.
What evidence should I keep?
Please preserve the contract and all versions of it, correspondence and messages with the other party, purchase orders, delivery and acceptance records, invoices and payment records, and internal notes made at the time. Please do not alter or delete documents. We advise on which materials matter most once we understand the dispute.
How is a judgment enforced if the other party does not pay?
In Sweden, an enforceable judgment is enforced through the Swedish Enforcement Authority, which can pursue attachment of assets and wages. If the debtor’s assets are in another EU Member State, recognition and enforcement are generally available under EU rules. Elsewhere, enforcement depends on local law and applicable treaties, and local counsel will usually be required.
The information provided here is general in nature and is not legal advice. It does not consider any particular document or circumstance. Swedish and EU rules change, and official texts should be read in the version in force.
Dispute Resolution & Litigation
Discuss Your Legal Matter
If a disagreement is developing, or you have received a claim, write to us at info@smartlawafab.com with a short chronology, the contract and any deadline that is running. We will consider your enquiry and reply by email.