Legal assessment of the dispute in three weeks, for a fixed fee
SCC Express is a dispute resolution tool designed to help resolve a disagreement between business partners on an issue that needs to be investigated quickly, and where there is a wish to explore an alternative to a full-length arbitration or court proceeding. SCC Express is a fast and simple way to get a neutral, legal assessment of the disputed matter – enabling you and your counterparty to move on faster.
Disputes come in all shapes and forms. Some disputes can be resolved without going through a full-length arbitration, or court proceeding, and an enforceable award may not be necessary. The SCC Rules for Express Dispute Assessment - SCC Express- provide for an alternative form of dispute resolution, designed to meet a specific need identified among arbitration users. It is a consent-based and confidential process through which parties to a dispute receive a legal assessment of the dispute in three weeks, for a fixed fee. The SCC Express procedure is available to all parties who agree on this dispute resolution method, either prior to or after a dispute has arisen. This is how SCC Express works >>
The assessment is conducted by a neutral legal expert (the Neutral) who manages the proceedings closely and plays an active role in the proceedings. The findings of the assessment include the Neutral’s position and reasoning on the issues presented by the parties. The parties can agree to make the assessment contractually binding or use the non-binding findings to guide settlement discussions or other ways forward. The purpose is to help parties reach an end to the dispute while keeping time and costs down.
SCC Express allows you to move on from the dispute faster and spend your time and resources on other aspects of your business.
- SCC Express is a voluntary procedure, meaning that both parties agree to use it.
If the dispute involves more than two parties, at least two parties need to agree to use the procedure between the two of them. You can agree either in the original contract, or at a later point, for instance when the dispute has arisen.
- The assessment is made by a neutral, experienced expert who makes an assessment after having heard both sides’ arguments.
- The assessment is carried out within three weeks against a fixed fee of EUR 29 000.
Unlike the outcome of a court or arbitration proceeding, the findings of the assessment are non-binding upon the parties unless they explicitly agree to make it binding. The proceedings are confidential.
SCC Express was designed to fill a gap on the dispute resolution spectrum. Some of its features are shared by arbitration and mediation, while others are unique. For example, SCC Express results in a legal assessment (or a decision if the parties have agreed to make the findings binding) rather than the mutually acceptable compromise reached in a successful mediation. And compared to the tribunal in a typical arbitration, the Neutral in an SCC Express proceeding may play a more inquisitorial role, actively engaging with the parties and providing directions as to facts and issues to be addressed by them.
Get an overview of the SCC resolution tools:
>> How to select the relevant dispute resolution tool for your dispute
THIS IS HOW SCC EXPRESS WORKS
1. SEND US A REQUEST TO USE SCC EXPRESS
To use SCC Express, you submit a request to the SCC. In the request you include:
- a description of the dispute and what you want assessed, evidence of payment of the administrative fee (EUR 4000). This fee is non-refundable.
2. THE OTHER PARTY RESPONDS
The SCC will contact the other party to provide an opportunity to respond to the request, and if necessary, verify consent.
3. PAY THE REST OF THE FEE
Once we have the other party’s consent verified, we will ask that you pay the remainder of the fee, EUR 25 000, if you have not already done so when requesting SCC Express.
Unless you agree differently with the other party, the fee is split equally between you.
4. THE SCC APPOINTS A NEUTRAL
SCC appoints the neutral legal expert (the Neutral) within 48 hours and hands over the case to him/her.
5. BOTH PARTIES PRESENT THEIR CASE
The Neutral will guide you and the other party(ies) through the process, including asking whether you want the resulting findings to be binding.
6. THE NEUTRAL DELIVERS THE FINDINGS
After three weeks, the Neutral will deliver the findings, including a summary of his/her conclusions on the merits of the case.
The parties may agree to turn the findings into a settlement agreement or an arbitral award.
SCC Rules for Express Dispute Assessment >> here
Guidelines to the SCC Rules for Express Dispute Assessment >> here
Model clauses including SCC Express >> here
The members of the SCC Express Task Force >> here