Combating Due Process Paranoia in Swedish Arbitration

Abstract

Due process paranoia continues to be one of the main issues that users believe is preventing arbitral proceedings from being more efficient. It is defined as the reluctance by tribunals to act decisively in certain situations for fear of the award being challenged because the party did not have the chance to present its case fully. It includes situations where the tribunal admitted new evidence or circumstances late in the arbitration due to perceived concerns that the award would otherwise be vulnerable to challenge.