Avtal om rätten till domstolsprövning. Processuella överenskommelsers giltighet i svensk rätt
Contracts Regarding Access to Court. The Validity of Contractual Litigation Agreements in Swedish Law
Author
Summary, in English
One of the most fundamental rights in any democratic state is the right of access to court. Every individual shall have the right to bring legal disputes before a court, in a proceeding with specifically defined characteristics, a fair trial, and the state is responsible for supplying the conditions and prerequisites to carry out this dispute resolution process in a court of law. However, this right of access to court does not specify whether the parties also have the right to waive, voluntarily and with binding effect, the right of access to court and a fair trial. This is the question explored in this doctoral thesis.
The purpose of this study is to examine and analyse the extent to which it is possible under Swedish law for private parties to agree, with binding effect, to waive access to court, either partially or fully. This investigation analyses situations in which contracts can be used to abstain from procedural rights. One aspect covered in this thesis is the waiving of the right to access to court in its entirety, and another is the waiving of some parts of this access. The investigation examines whether a previously concluded agreement is binding when it is referred to before a court, and the procedural legal effects that the contract produces between the parties and in relation to the court.
The purpose of this study is to examine and analyse the extent to which it is possible under Swedish law for private parties to agree, with binding effect, to waive access to court, either partially or fully. This investigation analyses situations in which contracts can be used to abstain from procedural rights. One aspect covered in this thesis is the waiving of the right to access to court in its entirety, and another is the waiving of some parts of this access. The investigation examines whether a previously concluded agreement is binding when it is referred to before a court, and the procedural legal effects that the contract produces between the parties and in relation to the court.
Department/s
Publishing year
2015
Language
Swedish
Full text
Document type
Dissertation
Publisher
Norstedts Juridik AB
Topic
- Law
Keywords
- adversarial procedure
- secrecy clause
- evidence clause
- merger clause
- mediation
- alternative dispute resolution
- arbitration
- contractual litigation agreements
- fair trial
- access to court
- civil procedure
- procedural agreements
- procedural impediment
- procedural barriers
- civilprocessrätt
- processuell ogiltighetsprincipen
- processhinder
- kontradiktorisk
- rätt till domstolsprövning
- rättvis rättegång
- muntlighetsprincipen
- rättslig prövning
- offentlighetsprincipen
- rättighetsprövning
- självrättskipning
- självdom
- skiljedom
- processuella överenskommelser
- skiljeförfarande
- medling
- alternative tvistlösning
- processrätt
- integrationsklausul
- sekretessklausul
- bevisavtal
- överprövningsförbud
- kontradiktionsprincipen
- stadfästelsedoms innehåll
Status
Published
Project
- Avtal om rätten till domstolsprövning. Processuella överenskommelsers giltighet i svensk rätt
Research group
- Lund University Centre for Business Law (Swedish abbr: ACLU)
- Dispute resolution
Supervisor
- Peter Westberg
- Eva Lindell Frantz
ISBN/ISSN/Other
- ISBN: 978-91-39-01858-2
Defence date
22 May 2015
Defence time
10:15
Defence place
Pufendorfsalen, Juridicum, Lund
Opponent
- Torbjörn Andersson (professor)