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How a Swedish Legal Opinion Can Be Used in Litigation Outside Sweden

When a dispute arises in another country involving Swedish law, Swedish companies, or Swedish contracts, foreign courts and arbitral tribunals often require expert confirmation of how Swedish law applies.
In such cases, a Swedish legal opinion issued by a qualified advokat can play a crucial role.

It provides the court with independent, written evidence of what Swedish law says — and how it should be interpreted in the context of the case.


Why Foreign Courts Need Legal Opinions on Swedish Law

In international litigation or arbitration, the forum court may not be familiar with Swedish law.
Even if the contract specifies Swedish law as the governing law, the foreign court cannot apply it without expert assistance.

That is where a Swedish legal opinion becomes essential. It helps the court or tribunal:

  • Understand the relevant Swedish statutes and case law,

  • Interpret contractual provisions governed by Swedish law, and

  • Assess whether a company or agreement complies with Swedish legal standards.

In practice, the opinion functions as expert evidence, rather than advocacy.


1. Explaining Swedish Law to a Foreign Court

A Swedish legal opinion provides a neutral and technical explanation of how Swedish law operates.

It may cover, for example:

  • Whether a contract clause is valid and enforceable under Swedish law,

  • What remedies are available for breach of contract,

  • How director liability or shareholder rights are treated, or

  • Whether a guarantee or security complies with Swedish formalities.

The goal is not to argue the case, but to educate the court — presenting Swedish law in a form that a non-Swedish judge can rely on.


2. Supporting or Rebutting Legal Arguments

Each party in international litigation may submit their own legal expert opinions.
A well-drafted Swedish legal opinion can therefore:

  • Support your client’s interpretation of Swedish law, or

  • Rebut an opposing party’s claims about how Swedish law should be applied.

Because the opinion is issued by a licensed Swedish advokat, it carries professional credibility and evidentiary value.


3. Establishing Good Faith and Due Diligence

Even beyond evidentiary use, presenting a legal opinion shows that your client has acted in good faith and with proper legal diligence.
It demonstrates that the client sought verified, independent advice on Swedish law — not merely self-serving interpretation.

In regulatory or enforcement proceedings, this can significantly strengthen your client’s position.


4. Common Contexts for Using Swedish Legal Opinions Abroad

Swedish legal opinions are frequently relied upon in:

  • International arbitration proceedings seated outside Sweden,

  • Commercial litigation involving contracts governed by Swedish law,

  • Cross-border enforcement of Swedish guarantees or judgments,

  • Regulatory disputes involving Swedish subsidiaries, or

  • Banking and finance cases requiring Swedish corporate law interpretation.

In each scenario, the opinion provides a trusted, independent explanation of the relevant Swedish legal principles.


5. Formal Requirements and Presentation

When used as evidence, the legal opinion is usually submitted as a written expert statement, signed by the advokat.
It may include:

  • A summary of the lawyer’s qualifications,

  • The documents reviewed,

  • The applicable Swedish law and authorities cited, and

  • The lawyer’s reasoned conclusions.

Foreign courts often accept such opinions as expert testimony, either on paper or through live cross-examination if required.


Why Legal Opinion Sweden

At Legal Opinion Sweden, our advokater regularly prepare expert legal opinions on Swedish law for use in foreign courts and arbitration proceedings.
We ensure that every opinion is:

  • Independent and professionally reasoned,

  • Written in clear international legal English, and

  • Suitable for submission as expert evidence in judicial or arbitral forums.

Our experience covers corporate, contractual, financial, and regulatory matters — providing foreign counsel and their clients with reliable guidance on Swedish law wherever the dispute is heard.

In short:
A Swedish legal opinion can serve as your client’s expert voice on Swedish law in a foreign courtroom — offering credibility, clarity, and legal certainty in international disputes.

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