2018 was another strong year for the SCC. An unprecedented increase in the average dispute value, entailed that the total value in dispute for all cases commenced in 2018 amounted to 13,3 billion EUR, despite a certain decline in the number of cases filed. A total of 152 cases were registered, of which half (76) were international disputes, involving parties from 43 countries. Of the registered cases, 89 were filed under the SCC Arbitration Rules, and 52 under the SCC Rules for Expedited Arbitrations. 2018 showed a 50% increase in gender diversity among the appointed arbitrators; 27% of all appointments were women, compared to 18% in 2017.
In 2018, the SCC registered 152 new cases, of which half (76 cases) were international disputes and half involved only Swedish parties.。
Of the 2018 caseload, 57% (87 cases) were arbitrations registered under the SCC Arbitration Rules, and 34% (52 cases) were registered under the SCC Rules for Expedited Arbitrations. The SCC also registered four Emergency Arbitrator proceedings.
Parties from 43 different countries appeared in disputes before the SCC in 2018. Russia, Germany and Ukraine were the most common party nationalities in SCC proceedings, outside Sweden.
The disputes brought to the SCC in 2018 stemmed from many different types of agreements. Most frequently, parties brought disputes arising out of service agreements, delivery agreements, business acquisitions and shareholder agreements.
For the majority of awards rendered under the SCC Arbitration Rules in 2018, an award was rendered between six to twelve months from when the case was referred to the arbitrator or tribunal.
More than half of the awards rendered under the SCC Rules for Expedited Arbitration in 2018 were rendered within three months of referral. Another 37% of the awards were rendered within three to six months, and all awards were rendered within nine months of referral.
The most frequent applicable law in SCC cases commenced in 2018 was Swedish law (55%, 83 cases), followed by English law and CISG.
The SCC saw a significant increase in the average amount in dispute in 2018. Despite a certain decline in the number of cases registered, the total value in dispute for all cases commenced in 2018 amounted to EUR 13.3 billion, compared to EUR 1.5 billion in 2017.
The vast majority of the cases registered in 2018 used Swedish or English language.
In 69% of cases commenced in 2018, Stockholm was selected as the seat of arbitration. Gothenburg was the second and Malmö the third most frequently-chosen seats. Seats outside of Sweden remain relatively rare in SCC arbitrations.
If a decision on interim measures is needed to provisionally ensure a party’s claim before the commencement of an arbitration, the party may apply to the SCC for the appointment of an emergency arbitrator in accordance with the SCC Rules.
Four emergency arbitrator proceedings were commenced at the SCC in 2018. In all cases, an emergency arbitrator was appointed within 24 hours, and decisions were rendered on average after five days.
As of 2017, there is no default under the SCC Arbitration Rules in favour of a three-member tribunal. In 52% (45 cases) of the 87 cases commenced under the Arbitration Rules in 2018, three arbitrators were appointed. In 39% of the cases, a sole arbitrator was appointed.
Most arbitrators appointed in SCC cases commenced in 2018 were of European nationalities. However, arbitrators from Asia, North America and Australasia were also appointed.
In 2018, 27% of appointed arbitrators were women, up from 18% in 2017. Notably, 24% of the party-appointed arbitrators were women, compared to 8% in 2017 and 11% in 2016. Of the arbitrators appointed by co-arbitrators about half were women (5) and half men (4).
Among the eleven challenges of arbitrator launched in 2018, six challenges (55%) were dismissed, four were sustained. No request for release in 2018.