‘When in Stockholm, …’: Interpretation, Gap-Filling and Modification of Commercial Contracts under Swedish Law – Some Comparative Reflections for Arbitrators and Counsel

Abstract

Occasionally, a dispute referred to arbitration can be resolved without the arbitral tribunal (‘tribunal’) engaging with the merits of the case, e.g., based on the tribunal’s determination that it lacks jurisdiction.
However, in most cases, the tribunal will be tasked with determining issues of substantive law. In commercial arbitrations, this will – invariably – include matters of contract law, including the formation, interpretation, adaption, modification, performance, termination and/or breach of contract and, in the vast majority of disputes, also include dealing with requests for monetary relief relating thereto.
As one of the world’s major arbitral institutions, the SCC Arbitration Institute (SCC) administers, inter alia, a large number of international commercial arbitrations, many of which are of considerable legal and/or factual complexity and involve substantial amounts in dispute.