Search

Articles

DG Trade Concept Paper Investment in TTIP and Beyond – The Path for Reform

Observations by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).

SCC Practice: Emergency Arbitrator Decisions Rendered 2014

by Lotta Knapp
Since the introduction of the emergency procedure, the SCC has seen a total of 13 applications for the appointment of an emergency arbitrator. This article will outline the main issues raised in the four emergency proceedings that were initiated at the SCC during 2014, followed by concluding remarks based on all 13 cases.

SCC Practice: Arbitration Costs in Settled Cases

by Sukma Dwi Andrina
This article reviews arbitration costs when the parties decide to settle their case, after the case has been referred to the tribunal.

SCC Practice: Emergency Arbitrator Decisions

by Johan Lundstedt
This report reviews the SCC experience on Emergency Arbitration proceedings from 2010-2013.

Prima Facie Decisions on Jurisdiction of the Arbitration Institute of the Stockholm Chamber of Commerce: Towards consolidation of a ‘Pro Arbitration’ Approach

by Felipe Mutis Tellez
The report analyses SCC Board decisions on jurisdictional objections during 2010-2012.

Arbitrability: Problematic Issues of the Legal Term

This Thesis is devoted to terminological analysis of the term “arbitrability” which constitutes
an important part of specialized legal discourse focusing on arbitration law. The research is
conducted with the aim to disclose the meaning conveyed by the term “arbitrability”, and
provide justification for describing this term as multi-facetted and highly context-dependable
phenomenon.

Appointment of arbitrators under the SCC Rules

by Celeste E. Salinas Quero
How are appointments made in practice? What are the criteria considered by the SCC Board when making appointments? Learn about the appointment procedure under the SCC Rules. See pages 50-54 of the report.

Oral presentation of evidence and the application of the parol evidence rule in international arbitration

by Erik Mårild

The SCC Experience of Insurance Disputes

by Erik Mårild
This SCC Practice Note reviews insurance disputes registered at the SCC between 2002 and April 2013.

Institutional Arbitration - SCC Rules (Chapter XII)

by Marie Öhrström
“Institutional Arbitration” (Schütze (ed.)) includes an article-by-article commentary of rules of arbitration of 14 arbitration institutions, including the SCC. Authored by Marie Öhrström (Setterwalls), Chapter XII on SCC Arbitration describes routines and practices for the management of cases under the SCC Rules, as well as the procedures of the SCC Board.

Arbitrators’ independence and impartiality: a review of SCC Board decisions on challenges to arbitrators (2010-2012)

by Felipe Mutis Tellez
The report follows the format of previous reports on SCC practice, and includes decisions taken by the SCC Board in the past two years.

Court assistance in Production of Documents in Sweden

by Christina Blomkvist
A new article by Christina Blomkvist examines Swedish court intervention in arbitration proceedings. Blomkvist analyzes in particular the approach of Swedish courts in the taking of evidence, focusing in a recent decision by the Supreme Court of Sweden in the case No. Ö 1590-11.

Overview of the SCC Investment Caseload

by Natalia Petrik, SCC Legal Counsel

The SCC Experience of Gas Disputes: Perspectives from a Leading Arbitration Centre

by Annette Magnusson, SCC Secretary General
Presented at the Second Annual Forum on Commercial & Legal Strategies for Successfully Negotiating Long Term Gas Supply Contracts on 13 June 2012

Waiving the Right to Arbitrate

by Bengt Åke Johnsson, Ola Nilsson
The article examines the approach of Swedish, English, French, German and Swiss law in determining when a party waives its right to arbitration by initiating court proceedings and offers a comparative analysis of the scope that waiver.

Innovation in Arbitration - The Report

To follow up on the discussions and ideas shared at the Innovation in Arbitration Conference held in Stockholm earlier this year, the SCC has published a Report which captures the debate that took place during the event. The Report visits each one of the three sessions of the Conference: ”Technology in Arbitration”, ”Innovation: Clients and Counsel” and ”A Client’s wishlist”, providing the reader with a vivid description of the panelists’ discussions on how innovation in the context of a changing globalized economy opens opportunities as it also brings challenges to clients and counsels of the arbitration community.

SCC Practice: Separate Awards for Advance on Costs, 1 January 2007-31 December 2011

by Gretta Walters
Common trends in the application of Article 45(4) of the SCC Rules in SCC arbitrations have developed during the five years in which it has been possible to seek a separate award for reimbursement for Advance on Costs, concludes Gretta Walters in a new article. Walters has researched the applications made and found that tribunals granted requests for a separate award in 96 per cent of the cases and that the parties ultimately reported recovering money due to the award in 42 per cent of the cases.

Manifest Lack of Jurisdiction? A Selection of Decisions of the Arbitration Institute of the Stockholm Chamber of Commerce concerning the Prima Facie Existence of an Arbitration Agreement

by David Ramsjö and Siri Strömberg
David Ramsjö and Siri Strömberg analyse the 131 prima facie jurisdictional challenges raised by respondents from January 2005 to December 2009. The article provides examples from the SCC caseload to illustrate the various types of objections the SCC faces when making prima facie jurisdictional decisions and gives a brief overview of the basic principles that guide such decisions.

International Dispute Resolution - a Modern Success Story of Legal Integration

Speech by Annette Magnusson, SCC Secretary General
Euro-Asian Juridical Congress, Ekaterinburg 7th of June 2012

The Next 10 Year ECT Investment Arbitration: A Vision for the Future - from a European Law Perspective

by Jan Kleinheisterkamp

The standard of Independence and Impartiality for arbitrators in International Arbitration

by Ms. Helena Jung (Master’s thesis Faculty of Law, Uppsala University, Sweden with internship at the SCC spring 2008).
A comparative study between the standards of the SCC, the ICC, the LCIA and the AAA This thesis compares the standards of independence and impartiality (1) in recent practices of the SCC and the ICC and (2) in the procedures of the SCC, the ICC, the LCIA and the AAA.

Arbitrators’ excess of mandate and procedural irregularities – A study based on challenged awards between 1999 and 2009

A recent examination of ten years of Swedish court practice shows that 10% of the challenge procedures resulted in the award being wholly or partially set aside. The most common ground for setting aside has been excess of mandate or procedural irregularity (Section 34 of the Swedish Arbitration Act.)

Rise of arbitration in the financial sector: breaking with tradition (2015)

by Legal Counselor at Swedbank Silvia Devulder
Article on arbitration in the financial sector.

Choice of Arbitration Venue in Light of Sanctions against Russia

by Irina Moutaye and Elena Billebro.
Article aims to examine some questions on the choice of traditional European arbitration venues (London, Paris, Stockholm, and Geneva) in light of the sanctions.

El Arbitraje en Suecia y el Nombramiento de árbitros bajo el Reglamento del Instituto de Arbitraje de la Cámara de Comercio de Estocolmo

Basic features, such as courts’ declarative judgements on jurisdiction, the Swedish approach on the seat of farbitration, set-aside proceedings, and a description of the appointment of arbitrators under the SCC Rules.

Costs of arbitration and apportionment of costs under the SCC Rules

by Celeste Salinas Quero, SCC Legal Counsel.
With the aim of increasing confidence in and transparency of SCC practice, this report describes
the size of disputes, their length and costs, as well as the manner in which tribunals ultimately apportion the costs of arbitration and costs for legal representation.

SCC Practice: Challenges to Arbitrators SCC Board decisions 2005-2007

by Helena Jung

Challenges to Arbitrators - Decisions by the SCC Board during 2008-2010

by Niklas Lindström
This article reviews SCC Board decisions regarding challenges to arbitrators during 2008-2010.1 The article is divided into four main sections, of which the first two briefly overview the relevant legislation and rules, the third puts forward the relevant SCC statistics and the fourth includes a presentation of cases in which the SCC Board has made a decision on a challenge to an arbitrator.

Arbitrators’ independence and impartiality: a review of SCC Board decisions on challenges to arbitrators (2010-2012)

by Felipe Mutis Tellez
The report includes decisions made by the SCC board between 2010-2012.

Challenge of arbitral awards before Courts of Appeal

by Johan Munck and Helga Hullmann
The Committee on the Review of Swedish Arbitration has carried out a review to chart the scope and nature of challenges to arbitral awards before Swedish Courts of Appeal. The review, carried out by former Justice Johan Munck and Judge Helga Hullmann, has covered all challenges opened during the period 1 January 2004 – 31 May 2014 at any and all of the Courts of Appeal.