| 1. |
- Sinander, Erik, 1986-
(författare)
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Qatari State Immunity for Employment Court Procedure in Sweden
- 2023
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Annan publikation (populärvet., debatt m.m.)abstract
- In a decision of November 2022, the Swedish Labour Court held that Qatar had, at least in part, the right to invoke state immunity from jurisdiction in connection with proceedings relating to an employment matter.
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| 2. |
- Sinander, Erik, 1986-
(författare)
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The Role of Foreseeability in Private International Employment Law
- 2023
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Ingår i: Nordic Journal of Labour Law.
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Tidskriftsartikel (refereegranskat)abstract
- The EU’s private international employment law rules contain several measures intended to protect employees. Hence, unlike in the case of general contracts, one party (the employee) is given more forum shopping alternatives than the other (the employer), party autonomy is limited for employment contracts, and the objectively applicable law is based on the idea that the law of the place where labour is performed shall govern the contract. In this article, I argue that these protective measures are illusory and undermined in practice by the lack of foreseeability that is built into the choice of law rules. The conclusion of the article is that although it might be important to include protective measures in choice of law rules, the overarching principle for private international law rules should be to guarantee foreseeability. Paradoxically, EU private international employment law is highly unforeseeable, which, I argue, undermines the employee protection measures that are inserted into the EU private interna- tional employment law rules.
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| 4. |
- Sinander, Erik, 1986-
(författare)
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Arbitrability
- 2023
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Ingår i: Applicable Law Issues in International Arbitration. - Leiden/Boston : Brill Nijhoff. - 9789004682382 ; , s. 433-458
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Bokkapitel (refereegranskat)abstract
- This article deals with the question of what law is applicable to the issue of arbitrability in international arbitration. In the article, I find that the New York Convention allows for the contracting States to use whatever choice of law rules they find appropriate. Hence, the answer to the question of what law applies to the issue of arbitrability in international arbitration depends on in what stage and what forum the question arises. Despite the wide range of different approaches, there are general conflict of law aspects that actors in international arbitration need to take into consideration de lege lata. The parties to an arbitration agreement always need to consider how arbitrability is regulated in the lex loci arbitri, the lex loci executionis, and the law of the country that would have jurisdiction if the arbitration agreement were not arbitrable. From a de lege ferenda perspective, the role of arbitrability might be worth reconsidering for national legislators. If a country wants to attract international arbitration, it is generally beneficial to have as liberal and simple rules on arbitrability as possible. In the article, I make three suggestions on how to legislate on arbitrability in international arbitration. First, it is wise to separate domestic arbitrability from international arbitrability. Second, a national arbitration act should never require that the arbitrators take foreign arbitrability into consideration. Third, the typical rationale of arbitrability can be achieved just as well through public policy provisions. For a State that wants to attract international arbitration, it is wise to keep arbitrability exceptions at an absolute minimum and instead consign the arbitrability considerations to public policy provisions. This has the advantage of allowing for arbitration in more matters.
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| 6. |
- Sinander, Erik, 1986-
(författare)
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Internationell kollektivavtalsreglering : En studie i internationell privaträtt av den svenska modellen för reglering av anställningsvillkor
- 2017
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis examines the influence of private international law on the Swedish model for collective self-regulation of employment conditions. The Swedish model is characterized by the crucial importance of private collective agreements. In the thesis, the Swedish model is structured as a three step procedure following the creation and implementation of employment conditions. In the first step employment conditions are negotiated under a mutual threat of industrial action. Employment conditions are then, in the second step, settled in collective agreements. In the third step, employment conditions are carried out in individual employment contracts. Swedish substantive labour law serves as an infrastructure for this collective self-regulation. Hence, in Sweden the right to strike is utmost extensive during the period of bargaining, but ceases once a collective agreement is in place. Additionally, collective agreements have several other legal effects, and individual employment contracts are interpreted as a part of the system. The research analyses how the private international law issues of jurisdiction, choice of law, application of substantive law in international relations and treatment of foreign judgments affect the Swedish model. The general conclusion in the dissertation is that EU private international law is based on individualism while the Swedish model is based on collectivism. This conflict of basic ideas creates several legal problems which are addressed in the thesis.
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