A valid Arbitration agreement constitutes a bar to court proceedings as well as a prerequisite for arbitral proceedings. In NJA 2008 p. 406 and NJA 2012 p. 183, the Swedish Supreme Court applied the so-called doctrine of assertion with respect to the issue of whether a dispute should be settled by arbitration or litigation. Prior to these judgments, it was uncertain if the doctrine of assertion was applicable regarding this issue.

The purpose of this thesis is to clarify the grounds upon which an arbitration clause may be binding in the new relationship between the parties after a transfer of rights and/or obligations. The issue is not regulated by law but instead it has been left to the Supreme Court to regulate. In the Emja-case the Swedish Supreme Court left guidance on the issue. The Supreme Court stated that a third party purchaser of a right where the contract includes an arbitration clause shall be bound by the clause. The arbitration clause is only binding to the remaining part of the initial agreement if no special circumstances exist. The binding effect was justified by the reason that a situation where the purchaser but not the remaining part should be bound to the clause was not sought after and the principle through the 27 § of the Swedish debt instruments act..

Today adjustments on the pricing of internal transactions between multinational enterprises can lead to economic double taxation for the involved companies. This circumstance will result in an obstacle for private enterprising on the international market. Rules regarding corresponding adjustments and the mutual agreement procedure, that is used to eliminate economic double taxation, are today not sufficient tools to achieve this purpose. Consequently, changes regarding these rules should be implemented.The main reason for why economic double taxation is not put right is the competent authorities? inability to reach a suitable solution for the dispute.

Chief executives and other persons in management positions are not applicable to the same protection system as other employees. Lagen om anställlningsskydd is not applicable for example. Instead all terms and conditions are in the employment contract, which get increased importance. The employment contract for a chief executive is comprehensive. This essay focuses on employment protection, wages and compensation, loyalty during the employment, secrecy and competitive clauses.

Syftet med denna kandidatuppsats är att beskriva gällande rätt kring om och när en konkursgäldenärs skiljeavtal binder dess konkursbo samt konsekvenserna av detta. I dagsläget är rättsområdet osäkert och enbart grundat på praxis, uppsatsen utreder därför även om lagstiftning eller annan utveckling på området är erforderlig. Det har i praxis konstaterats att en konkursgäldenärs skiljeavtal binder dess konkursbo då tvister gäller obligationsrättsliga anspråk och bevakningsförfaranden är aktuella. I praxis kan vidare konstateras att i tvister av sak- och föreningsrättslig karaktär är ett konkursbo inte bundet av konkursgäldenärs skiljeavtal. Tvister avgörs då i enlighet med konkursrättens tvistlösningsmetoder.

The purpose of this Master?s thesis is to investigate the legal practice of valuation in arbitration board proceedings concerning freeze-outs after non-cash take-over bids. We find that the most important method for valuing the shares offered in exchange for the shares of a target company is to take the volume-weighted average of the quoted prices of the shares offered in exchange during the acceptance period of the take-over bid. This thesis is a complement to previous studies by Peter Jennergren (1996) and by Andrea Lundqvist and Victor Ludvigsson (2007) of how the Balken case (a freeze-out case that was eventually decided by the Supreme Court of Sweden, in 1996) has affected the legal practice of valuation in freeze-out arbitration board proceedings. We have undertaken an empirical study of 48 freeze-outs between 1985 and 2006 where shares in the bidding companies were offered in exchange for shares in the target companies.

This survey, Let them kill each other, has its aim and purpose to analyze how two of Swedens biggest tabloids, Aftonbladet and Expressen, reported about the Dayton agreement (also known as Dayton Accords, Paris Protocol and Dayton-Paris Agreement). To do so we analyzed both editorials and regular articles from 1995-10-09 to 1995-12-16. We discovered that the main opinion, both regarding editorials and articles, had a negative posture about the possibility for the partners to come to an agreement, and also later on, for the agreement to persist. We also found that the majority of the articles and editorials indicated a plain portrayal of whoever was the ?winning? and ?losing? side of the agreement..

In tune with the cross-border trade the infringement of intellectual property rights has become a growing problem in Europe and the rest of the world. In June 2008 negotiations about a new international agreement was initiated between Europe, its member states and ten other countries, which will restrict infringements of intellectual property rights. The agreement is called ACTA, which stands for Anti-Counterfeiting Trade Agreement. On January 26, 2012 the European Union (EU) and twenty-two of its twenty-seven member states signed a letter of intent to the agreement and the EU?s internal processes of the agreement began.

The thesis examines the crisis that the Swedish-flagged merchant marine underwent in the 1990s, that resulted in a narrow market for the Swedish-flagged fleet. In order to save the industry, the TAP- agreement was created, consisting of three parties, government- market and interest organizations.  Purpose in this thesis, is to exam how the TAP-agreement was carried out in relation to the parties, and how it correlates in relation to how the global political economy affected the Swedish maritime politics. Two questions are presented. Is the TAP agreement an expression of Swedish corporatism?  Which aspect of Global Political Economy is characteristic for the TAP agreement? A case study is preformed in three steps. The different parties of the TAP-agreement have been interviewed.  A comparative study of two Swedish crises has been performed, in order to establish the correlation between them, in regards to corporatism.  A survey, with the aim to pinpoint which aspect of Global Political Economy is characteristic of the TAP agreement. Findings in this thesis are that the TAP-agreement was designed through corporatism, and that the most important aspect of all, the Swedish flag was worth saving, for all parties. .

In tune with the cross-border trade the infringement of intellectual property rights has become a growing problem in Europe and the rest of the world. In June 2008 negotiations about a new international agreement was initiated between Europe, its member states and ten other countries, which will restrict infringements of intellectual property rights. The agreement is called ACTA, which stands for Anti-Counterfeiting Trade Agreement. On January 26, 2012 the European Union (EU) and twenty-two of its twenty-seven member states signed a letter of intent to the agreement and the EU?s internal processes of the agreement began.

Trots principen om avtalets subjektiva begränsning kan det finnas skäl till att utöka ett aktieägaravtals verkningar mot förvärvande tredje man för att skydda beaktansvärda intressen. Då rättsläget är oklart är det av intresse att undersöka huruvida en tolkning med laganalogins hjälp mot sakrättens samt skiljerättens område kan klargöra rättsläget.För att ge läsaren tillräcklig bakgrund för analysen beskrivs rättsläget vad gäller aktieägaravtal och de bakomliggande teorierna rörande den analogiska tillämpningen. Därefter analyseras undantag till avtalets subjektiva begränsning, varefter en diskussion följer där frågan huruvida analogier kan dras besvaras.Resultatet av denna framställning är att en analogisk tillämpning kan göras mot de två undersökta rättsområdena, dock endast i begränsad utsträckning vad gäller skiljerättens område. En kombinerad applicering av möjliga analogier från sakrättens och skiljerättens områden på aktieägaravtal leder till ett resultat där aktieägaravtalets bundenhet mot både förvärvande tredje man samt kvarstående parter klargörs..

Sale and acquisition of a business is risky, since vague legislation and lack of literature often contribute to the fact that it is not possible for the parties to know beforehand how a dispute about the agreement shall be resolved. The objective of this thesis is to clarify what should be applied in terms of liability and the allocation of risks between the parties, in order to help avoid disputes about the agreement. In order to fulfill the purpose of the thesis, the legal status of the agreement has been investigated, as well as the question whether the sale of goods act should be applied, even though the sales agreement between the parties should be the primary regulation. Furthermore, another question that has been investigated is whether the buyer?s duty to investigate, and the seller?s duty to inform, affects the allocation of risks between the parties, and thereby also their liability..

AbstractIn this study, then collaboration agreement impact of the work on 11 and 19 § § MBL are studied. The employer and collective agreements bearing employee union are often involved in collaborative agreements to facilitate cooperation between them. Issues addressed to collaboration areoften questions related to employee participation. The purpose of this study is to investigate two local employers and related collective bearing employee unionsview of the cooperation agreement related to the MBL. The purpose leads to these questions:?How can co-operation agreements affect 11 and 19 § § MBL??What are theadvantages and disadvantages cooperation agreementscan lead to, regardingemployer disclosure and negotiation duty?To try to sort out these issues are interviews conducted to create a greater understanding of the work of the Cooperation Agreement between organizations and how it affects them.Results of the study suggest that collaboration agreement leads to simplifications in the work of the employer's information and bargaining duty.

When a company is part of an agreement there is a risk that one of the collaborators pursues similar business and takes up competition with the partner or chooses to reveal information about their partner to other parties. To avoid this, companies establish a confidentiality agreement that prohibits the parties to reveal any information. Confidentiality agreements that are eternal have become more common in Swedish contract law in commercial relations. As a result, disputes between collaborators have occurred regarding the unreasonable length and validity of the agreement at a later stage.When a confidentiality agreement is considered to be unreasonable, 36 § of the Swedish contract law (AvtL) can be applicable. The paragraph deals with the legitimacy and the opportunities of re-adjustment of the unreasonable contract.

The aim of the study was to examine experiences and attitudes to dental hygienist treatment in a group of patients by using the assessment tools Corah Dental Anxiety Scale (DAS) and Dental Hygienist Beliefs Survey (DHBS) at the dental hygienist clinic, the university of Kristianstad. Another aim of the study was to test the reliability of the assessment tools. Methods: Fifteen respondents answered the two questionnaires at two different occasions before dental hygienist treatment. The results showed that nine respondents reported that they are absolutely calm when their dental hygienist is going to remove tartar, while six are a little bit worried or tensed. The categories ethics, communication, trust and control in DHBS had a positive agreement (mean value 1.1 and 1.2).