Outlook
Cross-border legal matters, organised from Sweden.
International work arises when a company, a contract, an investment or a private arrangement connects Sweden with another country. We begin with Swedish law and the documents in hand, and then identify which issues are governed elsewhere.
01
Method
The questions that decide a cross-border matter.
A cross-border matter is rarely a single question. It is a sequence: who is contracting, where performance is due, which law will interpret the bargain, which court or arbitral seat will hear a disagreement, and whether a later judgment or award can be recognised where the assets are. For that reason we raise those questions in our first conversation with a client.
We organise that sequence from Sweden. Where another country’s law decides part of the work, we identify that issue early and, where the matter requires it, consider with our client the involvement of locally qualified counsel. We arrange coordination according to the file.
02
Work
Where those questions arise.
Cross-border transactions
A sale, a long-term supply arrangement, an agency, a joint venture or a share purchase can name companies in more than one country. The legal person that is contracting, the place of performance, and the language of the documents are separate facts. Language does not, by itself, decide which law applies.
Foreign investment into Sweden
Establishing a subsidiary, registering a branch, and remaining abroad while contracting into Sweden are different structures. They allocate liability, authority and filing in different ways. We advise on the structure that suits the investor’s purpose, not on a preferred form.
Governing law
A clause that chooses a law has to be read against the contract as a whole and against the conflict-of-laws rules that may sit behind it. For many commercial contracts, that includes Regulation (EC) No 593/2008 (Rome I). A choice of law is not a choice of court.
Jurisdiction and judgments
Which court will hear a civil or commercial claim is often a question of Regulation (EU) No 1215/2012 (Brussels I recast), unless an exception applies. A later judgment is a different question again: whether it can be recognised and enforced where the assets are.
Arbitration
An agreement to arbitrate is a different decision from a choice of court. Brussels I recast leaves arbitration outside its scope. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958, is often the instrument that later matters.
Coordinated counsel
Where the decisive rule is not Swedish, that part of the file calls for locally qualified counsel. Our method is to identify the relevant jurisdiction early and to coordinate the Swedish and foreign questions so that they are not collapsed into one analysis.
03
Sources
Official legal sources.
Official legal sources
Regulation (EU) No 1215/2012 (Brussels I recast)
Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Regulation (EC) No 593/2008 (Rome I)
The law applicable to contractual obligations.
Regulation (EC) No 864/2007 (Rome II)
The law applicable to non-contractual obligations.
New York Convention, 10 June 1958
Recognition and enforcement of foreign arbitral awards.
04
Counsel
Discuss Your Legal Matter
The most useful way to begin is to write to us with a concise statement of the parties, the countries already involved and the documents in hand.
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.
Counsel
Discuss Your Legal Matter
Write to us with a short statement of your question and the names as they appear in the documents.