Swedish Arbitration Days 2026: Three Questions for International Arbitration in a Changing Legal Landscape

Stockholm, 10 September 2026 — Swedish Arbitration Days 2026 brought together practitioners, academics and representatives of arbitral institutions in Stockholm to discuss some of the issues currently shaping international arbitration. The 2026 programme focused on The Future of the Rule of Law in International Arbitration, with sessions covering geopolitical tensions, due process, arbitrator independence, artificial intelligence and the growing influence of CJEU.

OBLIN attorneys at law was represented by Alexander Kozhedub, Counsel, LL.M. (International Commercial Arbitration Law, Stockholm University).

Three sessions in particular addressed issues with direct relevance to international dispute resolution: the rule of law in Russia, due process and the use of AI in arbitration, and the continuing impact of CJEU case law on arbitration in Europe.

Rule of Law Reform in Russia

The session Rule of law reform in Russia examined rule-of-law reform efforts in Russia since the 1990s. The discussion focused on the relationship between legislative reform, institutional development and the practical operation of legal safeguards. It also considered what can be learned from this experience for future rule-of-law initiatives, both in Russia and in other jurisdictions.

For practitioners, the discussion underlined the importance of looking beyond formal legal rules when assessing how a legal system operates in practice. This is particularly relevant in cross-border disputes, where questions of jurisdiction, court proceedings and enforcement may depend on the interaction between legislation, institutions and established practice.

Due Process Paranoia Revisited

Due process paranoia revisited considered how tribunals can protect procedural fairness without allowing procedural caution to become a source of unnecessary delay and cost.

The discussion also raised a more recent procedural question: how should tribunals address the use of artificial intelligence by parties and counsel?

AI-assisted research, document review and drafting are increasingly part of legal practice, but they raise questions of accuracy, confidentiality, transparency and responsibility. The concerns extend beyond fabricated authorities. Tribunals may also need to consider whether and when AI use should be disclosed, how confidential case materials are handled by external tools, and who is responsible for verifying AI-generated material.

One practical proposal was to address the use of AI expressly in the first procedural order (PO1). A PO1 could, for example, set expectations regarding disclosure of material AI use, human verification of submissions, confidentiality, and the use of AI in preparing evidence or legal authorities.

Dancing with the Devil: Dealing with CJEU Case Law in International Arbitration

The session Dancing with the Devil: Dealing with CJEU Case Law in International Arbitration considered the continuing interaction between EU law and international arbitration, with reference to Achmea, Komstroy and Reibel.

The discussion also addressed the forthcoming review of the Brussels Ia Regulation, including proposed changes concerning jurisdiction and the recognition and enforcement of judgments in cross-border disputes. Of relevance for arbitration practice are the proposed changes to jurisdictional rules concerning defendants outside the EU and to the recognition and enforcement of judgments.

These developments add another layer to the interaction between arbitral proceedings and national courts. For parties involved in cross-border disputes, they may have implications for forum selection, parallel proceedings and enforcement strategy. The session therefore highlighted the importance of considering EU jurisdictional rules alongside the arbitral framework when assessing a cross-border dispute.

Looking Beyond the Rules

The discussions in Stockholm reflected how international arbitration is being shaped not only by arbitral tribunals and institutions, but also by national courts, EU law and new technologies.

For practitioners, this means that procedural and strategic questions increasingly extend beyond the arbitration itself, from the choice of seat and management of proceedings to parallel litigation and enforcement.

Swedish Arbitration Days 2026 provided a valuable opportunity to discuss these developments with colleagues from different jurisdictions and to exchange views on their implications for international dispute resolution.