Foreign businesses frequently face situations where they must pursue or defend a commercial claim in Sweden — for example, an unpaid invoice, a breach of contract, or a dispute with a Swedish supplier or partner.
Hiring a Swedish lawyer (advokat) is the most effective way to handle such cases professionally and in accordance with Swedish procedural law.
This article outlines the practical steps to engage a Swedish lawyer for a commercial claim and what to expect during the process.
1. Confirm That Swedish Law or Jurisdiction Applies
Before hiring a lawyer, determine whether your dispute properly belongs in Sweden.
Swedish courts or arbitral tribunals may have jurisdiction if:
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The contract specifies Swedish law or Swedish courts,
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The defendant company is based in Sweden, or
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The business activity took place in Sweden.
A Swedish advokat can review your agreement and quickly confirm whether you can bring a claim under Swedish law.
2. Choose a Licensed Advokat
In Sweden, only members of the Swedish Bar Association (Advokatsamfundet) may use the title advokat.
This ensures that your lawyer:
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Is fully qualified and independent,
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Is bound by confidentiality rules, and
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Operates under Bar disciplinary supervision.
Foreign companies should always verify that their representative is a registered advokat, which can be confirmed through the Bar Association’s online directory.
3. Initial Contact and Case Summary
When contacting a Swedish lawyer, include a short written overview of your claim:
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Who the other party is,
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What the dispute concerns (e.g., unpaid invoices, non-performance),
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The key dates and contract terms, and
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What result you seek — such as payment, damages, or termination.
Attach copies of relevant contracts, correspondence, and invoices.
This allows the lawyer to assess your case efficiently and advise on possible outcomes.
4. Engagement Letter and Retainer
Once the lawyer agrees to take your case, you will receive an engagement letter outlining:
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The scope of work,
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Hourly rates and estimated costs, and
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Terms for billing and payment.
For new or foreign clients, Swedish lawyers typically request an advance payment (retainer) before beginning work.
This amount is held in a separate client account and deducted from future invoices.
5. Representation through Power of Attorney
You do not need to be physically present in Sweden to pursue your claim.
Your lawyer can represent you entirely under a power of attorney (fullmakt), which can be signed electronically.
The advokat can then file your claim, communicate with the other party, and appear before Swedish courts or arbitration panels on your behalf.
6. How the Claim Process Works
Depending on your contract, the claim will proceed either through:
a. Civil court (Tingsrätt) – for standard commercial litigation.
The process includes written submissions, evidence exchange, and a main hearing if necessary.
b. Arbitration – if your contract contains an arbitration clause, such as under the SCC (Stockholm Chamber of Commerce) rules.
Arbitration is private, flexible, and commonly used in cross-border business cases.
Your lawyer will advise which route is applicable and prepare all filings accordingly.
7. Evidence and Documentation
Swedish dispute resolution is evidence-based and primarily written.
Gather and preserve:
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The contract and amendments,
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Delivery or performance records,
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Correspondence (emails, letters, messages), and
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Invoices, payment confirmations, and notices of default.
Clear documentation significantly strengthens your case and may support settlement negotiations.
8. Settlement and Negotiation Options
Even after proceedings begin, settlement is encouraged under Swedish practice.
Your advokat may contact the other party to discuss amicable resolution or payment plans.
Courts and arbitrators view such efforts favourably and often integrate mediation steps into the process.
9. Enforcement of Judgments and Awards
A successful judgment or arbitral award from Sweden can usually be enforced abroad under EU law or the New York Convention.
Your Swedish advokat can coordinate with local counsel in the relevant country to secure payment or enforcement measures.
Summary
To hire a Swedish lawyer for a commercial claim:
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Confirm Swedish jurisdiction,
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Contact a licensed advokat,
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Provide a clear case summary and supporting documents, and
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Sign a power of attorney for representation.
Sweden’s legal system allows foreign businesses to pursue claims efficiently and transparently, with most proceedings handled remotely and in English.
