About Alexander Foerster
After over 25 years as a partner at Sweden’s leading law firm, Mannheimer Swartling Advokatbyrå, and a member of its prominent dispute resolution practice group, in 2022 I transitioned to a career as independent arbitrator and expert. This shift allows me to provide impartial and dedicated advice in my areas of expertise.
I am qualified as both a Swedish Advokat and a German Rechtsanwalt. During the first years of my career I established my former firm’s office in Frankfurt am Main, where I focused on corporate transactions, including M&A and finance. From 2008 to 2012, I served as a board member of the Swedish Chamber of Commerce in Germany, holding the position of president during the final years of my tenure.
Over the past 20 years, my focus has been exclusively on international arbitration and cross-border litigation. I initially worked from Frankfurt before relocating to Stockholm in 2013. During this time, I have gained extensive experience advising Swedish and international clients in domestic and international disputes. I have participated in numerous arbitrations under SCC, DIS, ICC, ICSID, and Swiss Rules, as well as ad hoc proceedings under Swedish and German law. Several of these cases involved complex issues of international public law.
Additionally, I have acted as arbitrator, serving as both chairman and co-arbitrator, in ad hoc and institutional arbitrations under SCC, ICC, DIS, and Swiss Rules. These cases often involved the substantive laws of Germany, Sweden, Finland, Norway, Switzerland, Turkey, and the UN Sales Convention (CISG). In 2018 I was appointed to the DIS Council and between 2022 and 2024 I serveved as a member of the SCC Council of Arbitrartors.
As a teaching fellow of the Frankfurt University of Applied Science I teach international arbitration and deliver guest lectures at the ICAL Program of the University of Stockholm For over a decade, I have been a member of the examination committee of the Swedish Bar Association.
Through my work as counsel for international parties, I gained a deep understanding of what parties expect from tribunals, including efficient case management, flexibility, and transparent decision-making. I also understood how important it is that the tribunal provides clear reasons for its decisions As arbitrator I have experienced what parties could and should contribute to ensure efficient and expeditious proceedings. It is my ambitions to bring this experience to all future cases entrusted to me.
My Approach to Arbitration
The Art of Listening
As an arbitrator, my philosophy centers around the Roman principle of audiatur et altera pars—" as a principle of fundamental justice. This reflects my commitment to being open-minded, patient, and deeply attentive to the parties involved. I believe that a respectful and thorough understanding of each party’s perspective is essential for contributing to the peaceful resolution of disputes.
I value the importance of well-designed and flexible procedural rules, tailored to the needs of the case and the parties. Such rules ensure fairness, transparency, and efficiency while empowering the tribunal to fully exercise the authority entrusted to it. I am committed to taking proactive and decisive actions when necessary, always within the framework agreed upon by the parties.
In today’s fast-evolving landscape, I also recognize the transformative role of modern digital tools in arbitration. By leveraging technology, I aim to enhance the efficiency and accessibility of proceedings, reducing costs and streamlining communication for all stakeholders.
This approach reflects my dedication to fostering efficient, fair, and amicable dispute resolution processes that meet the highest professional standards.
The Importance of Independence and Impartiality
In today’s world, business transactions have become increasingly complex, often involving numerous parties and stakeholders across multiple jurisdictions. As a result, it is frequently difficult to foresee who may have an interest in the outcome of a dispute. This complexity heightens the need for arbitrators to remain entirely independent and impartial, as even the perception of bias can undermine the integrity of the arbitration process.
Independence and impartiality are the cornerstones of effective arbitration. An arbitrator must remain free from any conflicts of interest and approach every case with an unbiased mindset to ensure the process's fairness and the trust of all involved parties. Without these qualities, the legitimacy of arbitration as a reliable method of dispute resolution is compromised.
Before 2022 I experienced that as a partner in large law firm one faces unique challenges in maintaining true independence. These challenges arise from potential conflicts of interest involving their firm’s clients, overlapping business relationships, or obligations within the firm that may limit the arbitrators ability to dedicate the necessary focus and attention to arbitration.
As an independent arbitrator, I avoid these challenges entirely. My sole focus is on arbitration, enabling me to dedicate my full attention to the resolution of disputes without any distractions or conflicts. My goal is to approach each case with the impartiality and integrity that parties expect and deserve.
Languages
German (native)
Swedish (fluent)
English (fluent)
Danish and Norwegian (reading only)
