SCC Arbitration Institute

Legal support for cases heard by the Arbitration Institute of the Stockholm Chamber of Commerce

Since 1917, the SCC Arbitration Institute (hereinafter referred to as the “SCC Arbitration Institute”, “Stockholm Arbitration Institute”, “SCC”) has provided a neutral, independent and impartial forum for the resolution of commercial disputes worldwide.

The Stockholm Arbitration Institute consists of a Secretariat headed by a Secretary General, together with an Operating Board of dispute resolution experts, and resolves approximately 200 disputes annually between parties from 40 to 50 different countries. Following the consideration of the case, the Stockholm Arbitration Institute issues an award that is not subject to appeal and is enforceable in more than 160 countries.

The SCC Arbitration Institute is a body providing administrative services for the resolution of disputes. The SCC Arbitration Institute is part of the Stockholm Chamber of Commerce, but is independent in its dispute administration functions.

The SCC consists of a Board of Directors and a Secretariat. The members of the Board are appointed for a three-year term and may be re-elected for one term only, except in special circumstances. The SCC does not directly resolve disputes.

The functions of the Stockholm Arbitration Institute include:

1. administering domestic and international disputes in accordance with the SCC Rules;
2. providing information on arbitration and mediation.

If the parties agree to resolve any disputes by arbitration in accordance with the SCC Rules, an arbitration agreement must be entered into or an arbitration clause for the resolution of disputes by the Stockholm Arbitration Institute must be included in the contract. In order to arbitrate a case at the SCC, the parties must include in the foreign trade contract an arbitration clause, for example to the effect that any dispute, controversy or claim arising out of or in connection with this contract, including its breach, termination or invalidity, shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute.

Arbitration Procedure at the SCC Arbitration Institute

The dispute procedure at the SCC Arbitration Institute begins with a Request for Arbitration, which is equivalent to a claim in a state court and is submitted by the claimant (requesting party) to the Arbitration Institute, which must consist of the following:

1. name, VAT number (if applicable) and contact details of all parties;
2. name and contact details of the parties' lawyers;
3. power of attorney;
4. brief description of the dispute;
5. preliminary statement of the damages sought by the Claimant;
6. a copy of the arbitration agreement or clause under which the dispute is to be resolved;
7. comments regarding the arbitrator number and the place of arbitration;
8. name and contact details of the arbitrator appointed by the claimant (if applicable);
9. copy of the receipt for payment of the registration fee.

The respondent shall be sent a Request for Arbitration and asked to file the Answer to the Request. The Answer shall be brief and shall set out the respondent’s views on the claimant’s claims and, if applicable, the name and contact details of the arbitrator appointed by the claimant. The respondent’s failure to file a Answer shall not prevent the arbitration from proceeding. The respondent’s statement of views shall include:

1. defenses to the existence, validity or enforceability of the arbitration agreement, the failure to raise which shall not preclude the respondent from raising them at any time before the filing of the Statement of Defense;
2. an admission or defense to the claimant’s claims set out in the Request for Arbitration;
3. a preliminary statement of any counterclaims or set-off, including a monetary estimate of the amount claimed;
4. where the counterclaims or set-off claims are based on more than one arbitration agreement, a statement of the agreement under which each claim is made;
5. comments regarding the number of arbitrators and the place of arbitration;
6. name, address, telephone number, and e-mail address of the arbitrator appointed by the respondent.

Unless otherwise agreed by the parties, the place of arbitration shall be determined by the Board and the language(s) of the proceedings by the Arbitral Tribunal. In determining the language of the proceedings, the Arbitral Tribunal shall have due regard to all relevant circumstances and shall afford the parties an opportunity to comment on the matter. In doing so, the Arbitral Tribunal shall terminate the proceedings in whole or in part if:

1. the SCC manifestly lacks jurisdiction over the dispute;
2. the advance payment for costs has not been paid.

The Stockholm Arbitral Tribunal shall resolve disputes on the merits on the basis of the law or rules of law agreed upon by the parties. Failing such agreement, the Arbitral Tribunal shall apply the law or rules of law it considers most appropriate. Any reference by the parties to the law of a particular state shall be construed as directly referring to the substantive law of that state and not to its conflict of laws rules.

Costs of Arbitration in Stockholm

It is important to note that the costs of arbitration include:

(i) the fees of the Arbitral Tribunal;

(ii) the administrative fee;

(iii) the expenses of the Arbitral Tribunal and the SCC.

Before making a final award, the Arbitral Tribunal shall request the Board to make a final determination of the costs of arbitration.

The award shall be final and binding upon the parties from the moment it is made. By agreeing to arbitration in accordance with the Arbitration Rules, the parties undertake to comply with any award without delay. However, if the parties have entered into a settlement agreement before the final award is made, the Arbitral Tribunal may, at the request of both parties, record the settlement agreement in the form of an award on agreed terms.

Legal services

1. Legal representation in cases considered by the Arbitration Institute of the Stockholm Chamber of Commerce
2. Drafting an arbitration agreement or arbitration clause to enable the transfer of a dispute to the Arbitration Institute
3. Preparation and submission of documents for consideration of a dispute to the Stockholm Arbitration
4. Representation of interests in disputes considered by international commercial arbitration