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We wish all of our readers a Happy New Year and look forward to continue working with colleagues from all around the globe in 2017.
The Swedish Arbitration Association (SAA) is funding a full-tuition scholarship for one non-EU/EAA citizens to study at the ICAL programme at Stockholm University for the academic year 2017-2018. Apply before 16 January 2017.
LCIA and SCC joined forces organizing two “Pledge dinners” to discuss concrete actions to achieve gender balance in arbitrator appointments. The dinners took place in London on 4 October and in Stockholm on 23 November 2016, respectively. A varied group of male and female practitioners was invited to the dinners.
In February 2017, the Embassy of Sweden in Moscow and the SCC will hold a seminar on making arbitration user-friendly. The seminar will focus on how the new tools and procedures in the new SCC Arbitration Rules will facilitate for the users.
In a forthcoming article in a Swedish law journal, Juridisk Tidskrift, professor Boel Flodgren, attorney at law Björn Riese, and Eric M. Runesson, partner at Sandart, discuss Swedish law on the so called law market; law as a “commodity” on a competitive market for legal services.
On 1-3 December GIAC arranged GIAC Arbitration Days in Tbilisi. This year’s conference was themed “Efficiency in International Dispute Resolution”.
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed an application to annul an award due to two arbitrators’ lack of impartiality.
On November 30, SCC Legal Counsel Anja Håvedal Ipp participated as a panelist at the ICC UK Annual Arbitration Conference in London. The conference, which gathered more than 100 attendees investigated the various challenges and opportunities for international arbitration in 2017 – including the implications of Brexit on London as an arbitral seat.
The recently published book Arbitrating for Peace is an overview of historical landmark arbitration cases, authored by some the world's most eminent arbitration scholars and professionals. The SCC can now provide a sneak preview of the foreword by Kofi Annan, as well as of the chapter about the Brčko Arbitration, written by R. Jade Harry.
The new 2017 SCC Rules – entering into force on 1 January 2017 - were published on 18 November 2016. The new rules introduce a number of noteworthy revisions and innovations. As a service to the users of the rules, the SCC has compiled a summary with some of the key changes.
On 29 and 30 November, the SCC, together with Mannheimer Swartling and Grata international, held two seminars in Astana and Almaty to commemorate a quarter of a century of efficient and peaceful dispute resolution.
Last week, the SCC together with Stockholm University and the Swedish Embassy in China, met with some 60 Chinese students for presenting three scholarships for the ICAL programme 2017-2018.
On 21 November 2016, almost one hundred participants from around the world gathered for a conference in Stockholm, to discuss how international law and arbitration can be used to fulfil the goals of the Paris Agreement.
Jessica Fei, one of the starring in the documentary Quiet Triumph – How arbitration changed the world, talks about her interpretation of the field. Quiet Triumph is a documentary that will tell the story about arbitrators and how their integrity and skill has contributed to making the world a better place.
Earlier this week, the SCC Board approved the proposed revised SCC Rules. The new rules will enter into force on 1 January 2017, and include a number of noteworthy revisions and innovations. The recently adopted versions of the 2017 SCC Rules are published below.
SCC Secretary General Annette Magnusson, SCC Board Member and Director of CRCICA, Prof. Mohamed Abdel Raouf, and former Secretary-General of the League of Arab States, H.E. Dr. Nabil Elaraby, are three of the speakers in The Sharm El Sheikh Conference taking place on 19-20 November 2016.
The 2016 survey conducted by the Russian Arbitration Association (RAA) to investigate the effect of sanctions on international commercial arbitration has revealed that the SCC maintained its position as one of the most frequently chosen arbitration centers among Russia-related parties. Stockholm and Swedish law are also among the most preferable choices for seat of arbitration and applicable law.
The documentary Quiet Triumph - How arbitration changed the world, features interviews with central players who experienced the ground-breaking developments of arbitration first hand, and whose skills and integrity contributed to making the world a better place. Professor Houzhi Tang is one of them.
On 1 November 2016, Jakob Ragnwaldh, the SCC Vice Chairperson and partner with Mannheimer Swartling in Hong Kong, spoke at the conference “China and the Development of International Dispute Resolution System in the Context of the ‘Belt and Road Initiative’”, held in Xi’an, China.
The new publication Arbitrating for Peace: How Arbitration Made a Difference, provides a context to the current debate on arbitration's role in international relations, and describes how arbitration has been used for decades to peacefully resolve international conflicts. The book, with a foreword by Kofi Annan, is now published and can be ordered through Wolters Kluwer.
On 20 January 2017, the SCC organises the symposium Arbitrating for Peace - a high-level discussion focusing on successful peaceful dispute resolution. The full program and list of speakers will be released shortly, but the SCC can already present two prominent names; the former Secretary General of the League of the Arab States Dr. Nabil Elaraby, and Vice-President of the International Court of Justice, H.E. Judge Abdulqawi Ahmed Yusuf.
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal upheld an award dismissing an arbitration after the claimant failed to pay additional advances on costs.
The SCC conducted a seminar in collaboration with Shearman & Sterling during the Hong Kong Arbitration week 2016. The session involved an account of the European experience of energy disputes – in particular gas price disputes, ECT disputes and other energy investment arbitrations. Panellists focused on what lessons could be learnt from the European experience and how China and Chinese practitioners in the field could benefit from this.
Can efficient dispute resolution lead to better business? On 9 November, the SCC and TRAC holds a joint event in Tehran, focusing on the alignment of international arbitration with international business.
On 21 October 2003, King Karl XVI Gustaf of Sweden presented the Royal Order of the Polar star to Professor Tang Houzhi, Professor Sergei N Lebedev, and Judge Howard M Holtzmann. Watch this unique moment in the second teaser from the film Quiet Triumph – How arbitration changed the world, premiering at the SCC Centennial 19 January 2017.
The film Quiet Triumph is a documentary that will show us how arbitration changed the world. It features interviews with central players who have first-hand experienced the groundbreaking developments of arbitration. David W. Rivkin (President at the International Bar Association, and Vice Chairperson, SCC), is the first one to be presented out of those whose skills and integrity has contributed to making the world a better place.
Swedish lawyer Johan Gernandt has been awarded CIETAC’s Lifetime Achievement Award for his long-term partnership and work with the organization's development. The ceremony was held 28 September, during the China Arbitration Summit in Beijing. The Summit is co-hosted by the CIETAC who celebrates its 60 year anniversary 2016.
Paris Agreement does not include an enforcement mechanism. However, trends show that different actors have been innovative in using different legal regimes to address environmental and climate change issues. Green investors have resorted to international arbitration to resolve disputes related to, among others, incentives and government failures to enforce environmental laws. Meanwhile, more climate change litigations have been brought in domestic courts.
The Master of International Commercial Arbitration Law program (ICAL) at Stockholm University is one of the leading specialized LLM programs. The program attracts students with a very diverse an international background. Two of the students admitted to the ICAL program this year are Wang Hui (Michael) and Evelyn Kachaje.
The online registration is now open for the SCC Centennial taking place in Stockholm 19-20 January 2017. The event will highlight the importance of international arbitration through the lens of SCC history, and point the way for a future with continued efficient and peaceful dispute resolution at global level.
The documentary film QUIET TRIUMPH: How Arbitration Changed the World, will premiere during SCC's Centennial celebrations on 19 January 2017. Watch the teaser below.
The factsheet answers questions like who the investors are, what type of measures have been challenged in ISDS, and what is the outcome of the cases ?
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed respondent’s challenge to a separate award on costs.
The SCC is currently hiring a legal counsel to join the Secretariat.
SCC legal counsel Natalia Petrik discusses key legislative proposals to the Swedish Arbitration Act in the article recently published in the Russian legal journal International Commercial Arbitration Review.
Earlier this year, the Kyiv City Court of Appeal, after High Specialized Court of Ukraine for Civil and Criminal Cases had previously remitted the case for new consideration, confirmed the recognition and enforcement of the SCC Emergency Arbitration Award against the Ukraine (reported earlier). An English translation of the decisions is now available.
On 7 September 2016, Roshier Advokatbyrå, Young Arbitrators Sweden (YAS), and Advokatfirman Lindahl invites to separate seminars in conjunction to Swedish Arbitration Days 8-9 September.
On 29 September, SCC legal counsel Natalia Petrik will speak about emergency proceedings under the SCC Rules at an afternoon seminar focusing on Emergency arbitration.
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a counterclaim in a court proceeding because it was covered by an arbitration clause.
During the IBA Annual Conference in Washington D.C. next month, IBA is arranging a working session entitled “Resolving Investor-State Disputes Through Mediation: Past, Present and Future of the IBA Rules on Investor-State Mediation”.
The Paris Agreement lacks clear and direct provisions on how to generate and support the needed investments to combat climate change. And, importantly, it does not include an enforcement mechanism. There appears to be a policy gap.
During the Hong Kong Arbitration week 2016, the SCC will conduct a seminar in collaboration with Shearman & Sterling: Energy disputes – lessons learnt in Europe and opportunities facing the Chinese energy market.
SCC Chairperson Prof. Kaj Hobér is one of the speakers at the China Arbitration Summit taking place in Beijing 28 September. The SCC will also hold a conference together with CIETAC on the 26 September.
Mannheimer Swartling and the SCC will hold a joint breakfast seminar in conjunction with the IBA conference. The theme of the morning will be Stockholm as a leader in the field of international arbitration and how the number of energy disputes is increasing in the capital.
"Three Centuries of Arbitration for Peace", TDM special issue (3) 2016 with a foreword by SCC:s Annette Magnusson, was recently published. The issue features four articles by the young lawyers Mr. Andrew Foo, Mr. Dmytro Galagan, Ms. Kendra Magraw and Mr. João Ilhão Moreira.
The USD 2.5 billion investment gap in developing countries needed to achieve the sustainable development goals (SDGs) agreed last year in New York was the focus of the World Investment Forum 2016, recently concluded in Nairobi. The Forum formed part of the 14th session of United Nations Conference on Trade and Development.
At the annual meeting 15 June 2016, Linda Landén (Frank Advokatbyrå), Bodil Ehlers (Kastell Advokatbyrå) and Sandra Hein Kaznova (Hammarskiöld & Co) were elected as new board members in the network Swedish Women in Arbitration (SWAN).
David Rivkin and Johan L. Kuylenstierna are two of the distinguished speakers when the SCC, IBA, ICC and PCA invites to the climate change event “Bridging the Climate Change Policy Gap - The Role of International Law and Arbitration”, on 21 November in Stockholm.
Looking at the first six months of 2016, the SCC has seen a record number of applications for the appointment of an Emergency Arbitrator. A total of 9 applications has been filed, of which two were based on investment treaty protection agreements.
On 26 September 2016, the SCC and CIETAC will arrange a joint conference including a mock arbitration. The event will be held in conjunction with the China Arbitration Summit 2016 taking place on September 27-29 in Beijing.
SCC now presents statistics on the share of women being appointed as arbitrators. The figures for 2015 show that the SCC in almost 27% of the cases appointed a woman as arbitrator.
SAVE THE DATE: On 19 and 20 January 2017, SCC will celebrate its 100-year anniversary in Stockholm. These dates will be dedicated to honoring the SCC's long history and heritage, as well as celebrating the SCC today, with its commitment in promoting the development of international arbitration.
Michael Polkinghorne from White & Case in France is one of many experienced speakers taking part in the Swedish Arbitration Days 8-9 September 2016. Mr. Polkinghorne’s key note address, "Potato, potato? The differences, real or imagined, in the Civil/common law divide", will open the biannual event, this year focusing on contractual issues in international arbitration. Register before Friday 30 June for the early bird discount.
Save the date: On 18 October, the 7th annual legal strategy event - VQ Knowledge and Strategy Forum – takes place at the Grand Hôtel in Stockholm. This year's main theme is reinvention and disruptive innovation - from both in-house and outside counsel perspective. Register before 30 June for an early-bird-discount.
SCC will contribute at the World Investment Forum in Nairobi in July, where this year’s theme is investing for sustainable development. This forms part of SCC's work to align international arbitration with a sustainable future.
In a decision recently posted on the Swedish Arbitration Portal, the Supreme Court held that a court’s mandate under Section 2 of the Swedish Arbitration Act to review a tribunal’s jurisdiction is not limited to the issue of whether the parties are bound by an arbitration agreement.
The SCC Board meets regularly to take decisions on SCC cases and to discuss SCC practices. Board members often call into the meeting, but once per year the entire Board travels to Stockholm to meet in person. On the meeting on 10 June 2016, the discussion revolved to a large extent around the draft SCC rules and the many comments that were received during the rules revision consultation period.
Yesterday, The SCC Rules Revision Committee held an open hearing to present and discuss the draft rules along with the comments that were received during the consultation period. Many participants took the opportunity to share their views upon the suggested changes, and some topics generated extra attention.
The Supreme Court of Ukraine recently ordered review of a lower court’s resolution refusing enforcement of an SCC emergency award. The emergency award was rendered to uphold status quo in a dispute over imposition of new taxes by Ukraine. The requested relief was partially granted by the Emergency Arbitrator.
On June 2-3, SCC Legal Counsel Anja Havedal Ipp spoke on multiparty and collective arbitration at a conference in Vienna, Austria. The conference, titled “Cost Strategies in International Dispute Resolution”, focused on how international commercial litigation and arbitration can be managed efficiently at the least cost to clients.
The fourth edition of the book “Commercial Arbitration in Sweden”, by author Finn Madsen, has just been released. The latest edition includes a foreword by SCC Secretary General Annette Magnusson, as well as comments on the new SCC Rules.
Although Chinese overseas investments has proliferated in recent years, very few investor-state arbitrations involve Chinese parties. A recently published article by SCC Legal Counsel Anja Havedal Ipp highlights this seeming paradox, briefly discusses the Chinese investment treaty regime, and summarizes the distinguishing features of the most common investment arbitration fora.
The School of International Arbitration at Queen Mary University of London has launched its seventh major empirical survey. This year, the focus lies on technology, media and telecoms (TMT) disputes.
International arbitration experts from around the world will meet in Dallas 15-17 June for a workshop on the topic: “When Justice Delayed Would Be Justice Denied: Emergency Arbitrators and Interim Measures in International Arbitration”.
”I ask all of you to use the great power of arbitration to help the world overcome conflict and hatred and build a future of dignity for all on a healthy planet.”
In 2015, the SCC initiated a project aiming to align international arbitration with a sustainable future.
SCC Legal counsel Natalia Petrik will speak at the CDR Summer Arbitration Symposium held on 9 June this year at Sofitel St. James in London.
SCC Chairperson, Kaj Hobér, has been invited to speak at the St. Petersburg International Legal Forum on 18 – 21 May. Each year the forum brings together Ministers for Justice, chairpersons of constitutional courts, leaders of international organizations and companies, partners of leading law firms, state representatives as well scholars from over 80 countries.
SCC released for public consultation drafts of the 2017 Arbitration Rules and 2017 Rules for Expedited Arbitrations. The drafts are the result of 18 months of deliberations by the SCC Rules Revision Committee, composed of international and local practitioners, academics, SCC Board and Secretariat members, from nine different jurisdictions.
The ICCA Governing Board has awarded the ICCA Congress 2020 to Edinburgh, Scotland. Stockholm – one of the runners-up in the bid to host the ICCA 2020 Congress – extends its congratulations to Edinburgh.
SCC Chairperson Kaj Hobér and SCC Secretary General Annette Magnusson welcome the initiative to enhance diversity in international arbitration, and have jointly signed the pledge to take action for equal representation in arbitration.
For the fourth time since 2010, the Roschier Disputes Index was published earlier this month. The Index examines central issues of commercial dispute resolution through in-depth interviews with general counsel and in-house counsel from Denmark, Finland, Norway and Sweden.
The SCC invites you to meet with representatives of the SCC Rules Revision Committee to discuss the ongoing revision of the SCC Rules in three cities in China between 17-19 May 2016.
On 8 and 9 September 2016, the biannual Swedish Arbitration Days will be held in Stockholm for the fifth time. As before, the conference venue is the Grand Hôtel.
In preparation for its centennial anniversary, the SCC continues to strengthen and innovate its procedures by making a comprehensive revision of its rules. The Rules Revision Committee now presents the draft Arbitration Rules 2017 and draft Rules for Expedited Arbitrations. Read the proposals below, and join the hearing on 9 June 2016 in Stockholm.
Risk management is fundamental when doing business, especially in the sphere of construction. On 17 May, SCC invites to a seminar with Ms. Aisha Nadar on how mediation can be a successful tool in risk management.
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal rejected claims that the tribunal had exceeded its mandate and committed procedural errors by procuring witness statements and accepting new evidence after the cutoff date.
GAR Live was held for the first time in Stockholm on Friday 8 April. The day held many open and interesting discussions on fast-track arbitration, appointment of arbitrators, the role of counsel, and the view of witnesses and evidence, and more. One of the highlights was the debate on witness statements, between, among others, John Fellas and Patricia Shaughnessy.
The Swedish arbitration community mourns the death of prof. Sergei N. Lebedev, who passed away on Monday 11 April 2016.
In 2015, the SCC saw more new investor-state disputes in one year than in any previous year. As of 31 December 2015, 17 cases were pending before the SCC under the Energy Charter Treaty, or under a Bilateral Investment Treaty.
On 22 April, SCC arranges a breakfast meeting with ICSID’s Team Leader / Legal Counsel Martina Polasek. In a dialogue with SCC Legal Counsel Celeste Salinas Quero, Ms. Polasek will share her experience from 15 years in ICSID and over 100 investor-state cases.
Last week’s Cairo conference on investment arbitration involving Arab states attracted some 150 people and generated lively debate. One if the speakers, SCC Legal Counsel Anja Håvedal Ipp, reports from the event here.
SCC Secretary General Annette Magnusson joins the Editorial Committee in the new publication “European Investment Law and Arbitration Review”. For its first issue, the journal has a Call for Papers.
2015 proved to be another strong year for SCC with 181 administered cases which is the sixth highest result ever since the SCC was founded in 1917. 2015 was once again a record year for investment treaty disputes with 12 investor treaty cases being administered under the SCC Rules.
SCC legal counsel Natalia Petrik spoke at the conference "International Arbitration: The In-House Counsel’s Perspective" in London 18 March. The conference focused upon the opportunities and challenges associated with modern arbitration from the perspective of in-house counsel, for identifying and assessing the tools available to maximize efficiency.
The continuous efforts of the SCC to provide innovative and cost and time efficient arbitration to the international business community will manifest itself next year with new SCC Rules expected to come into effect on 1 January 2017.
The Frankfurt moot final was anticipated by an Investment conference organized by MWE and Goethe University. Moot arbitrators and other invited speakers shared their experience and insight into the most recent developments in investment arbitration and, in particular, in the arbitrations conducted under the SCC Rules.
The Stockholm Pre Moot conference was held at the SCC premises last Friday. Speakers including Prof. Dr. Stefan Kröll and Prof. Jan Ramberg, discussed costs in arbitration, damages claims, and document production, among other things. Some 80 participants attended the event.
The ICCA Stockholm 2020 association has just released the names of the members of the newly established Advisory Board that will support the application to host the ICCA Congress 2020 in Stockholm. The Board is constituted of many strong representatives from the global arbitration community. See the members below.
The French team Sciences Po took the victory in the Swedish Pre-Moot for the Frankfurt Investment Arbitration Moot Court (“Frankfurt Moot”) in Uppsala last weekend. The day before the competition, SCC also hosted a seminar in Stockholm on investment arbitration under the SCC rules.
The GAR Live Stockholm will take place in the Stockholm Chamber of Commerce on 8 April. The one-day conference will offer interesting debates with leading experts including Michael Moser, Peter Leaver, Kaj Hobér and Klaus Reichert SC, among others.
On 16 February, the Arbitration Institute of the Finland Chamber of Commerce (FAI) and the SCC held a joint morning seminar on arbitration in Finland and Sweden. The speakers addressed the FAI Arbitration Rules and practice, and features of the SCC emergency arbitrator, statistics, and general SCC practice. Learn more in the presentations shared below.
East/west disputes, developments of the SCC rules and changes in international arbitration are some of the topics that SCC Secretary General Annette Magnusson will address at the IBA International Arbitration Day on 3 March and at the Shanghai International Arbitration Forum on 6 March. SCC will also arrange a breakfast lecture on how to avoid costly disputes in Shanghai on 8 March, .
It is well known that the predictability of costs is a very important aspect for the parties involved in arbitration. A new report on the subject, prepared by SCC legal counsel Celeste Salinas Quero, has just been published on the SCC website.
SCC Secretary General Annette Magnusson was one of the speakers discussing the current situation and development of international arbitration at the Kluwer Arbitration event in London last year. The video of the speech by Ms. Magnusson has just been released and is available below.
On 31 March, the SCC and CRCICA arranges a joint conference in Cairo on investment arbitration involving Arab states. The conference sessions will address issues related to, among others, recent investment laws, sources of disputes, selection of forum and TTIP.
In his keynote speech at the Stockholm Energy Charter Treaty Forum on 8 February, the Deputy Secretary-General (DSG) of UNCTAD Joakim Reiter stressed the need for energy investments, and highlighted the potential of the Energy Charter Treaty (ECT) and other investment treaties to meet the rising demand for sustainable energy. Mr. Reiter also shared UNCTAD’s three policy lessons on investment agreements.
Dr. Sabine Konrad, Prof. Kaj Hobér, Dr.Charles Poncet, and Mr. Georgios Petrochilos are some of the speakers at a half-day conference co-organized by the SCC in connection to the Frankfurt Investment Moot Court on 11 March.
The SCC atrium was full when speakers from institutions, leading energy companies and associations from all over the world discussed renewable energy, green technology and investment arbitration at the Stockholm Energy Charter Treaty Forum.
In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal found that the tribunal in an investment arbitration had lacked jurisdiction to decide the dispute between the parties.
The Swedish arbitration community gathered last week at the yearly SCC Arbitration Evening to meet and mingle, and to listen to an international panel discussing the state of affairs of arbitration in Sweden from an outside perspective.
For the second year in a row, the Swedish Pre-Moot for the Frankfurt Investment Arbitration Moot will be arranged in Uppsala. SCC will host a seminar on investment arbitration in Stockholm the day before with Prof. Kaj Hobér as one of the speakers.
The Board of the Stockholm Chamber of Commerce has appointed Ulf Franke honorary chairman of the SCC. Ulf was the secretary-general of the SCC from 1975 until his retirement in 2010, and chairman of the SCC Board during 2013-2015.
Yesterday, some 80 people attended the first of two morning seminars on arbitration in Finland and Sweden, jointly organized by the FAI and SCC. Next seminar will take place 16 February in Stockholm.
The Master in International Commercial Arbitration Law (ICAL) is the most popular programme of all international master programmes at Stockholm University.
Prof. Dr. Stefan Kröll and Prof. Jan Ramberg are two of the prominent speakers who will discuss various issues related to the Vis Moot problem at the Stockholm pre-moot conference on 11 March.
On 1 January 2016, Deputy Secretary General Kristin Campbell-Wilson joined as member of the IBA Arb40 Steering Committee on a two-year-term.