Lex Mundi Global Arbitration Institutions Guide |
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Sweden |
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(Europe)
Firm
Advokatfirman Vinge KB
Contributors
Silvia Dahlberg |
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| Name of Arbitral Institution; with abbreviation, if any. | The Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC") |
| Where is the seat of the Arbitral Institution? | Stockholm, Sweden. |
| Is there an umbrella organization for the Arbitral Institution? | The SCC is part of the Stockholm Chamber of Commerce, but is independent in exercising its functions in the administration of disputes. |
| How is the Arbitral Institution structured? | The SCC consists of a Board and a Secretariat. The Secretariat handles the daily case management, etc. A Secretary General heads the Secretariat. The cases are allotted to one of three divisions, each consisting of a legal counsel and a case administrator. The function of the Board is to make decisions as required under the SCC Rules, for example decisions regarding prima facie jurisdiction, appointment of arbitrators, challenge to arbitrators and the costs of the arbitration. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | Yes. The place of arbitration can freely be chosen by the parties. The Board shall decide the seat of arbitration unless otherwise agreed upon by the parties (Article 25, SCC Rules). |
| What is the amount of the registration fee? | The registration fee currently amounts to EUR 3 000 (VAT not included) or EUR 3 750 (VAT included). Under The Rules for Expedited Arbitration, the registration fee amounts to EUR 2 500 (VAT not included) or EUR 3 125 (VAT included). Companies with their seat outside of Sweden do not pay VAT on SCC registration fees. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | The average cost would be approximately USD 63 500 exclude VAT. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | The average cost would be approximately USD 300 000 exclude VAT. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | The average cost would be approximately USD 570 000 exclude VAT. |
| Who pays advances on costs? What happens in the event of default? | Each party shall pay half of the Advance on Costs, unless separate advances are determined. Where counterclaims or set-offs are submitted, the Board may decide that each party shall pay advances corresponding to its claims. In case of joinder, the Board may determine each party's share of the Advance on Costs as it deems appropriate, having regard to the circumstances of the case (Article 51 (3), SCC Rules)). If a party fails to make a required payment, the Secretariat shall give the other party an opportunity to do so within a specified period of time. If this do not occur, the Board shall dismiss the case in whole or in part (Article 51(5)). |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | No. |
| Which languages can be used for communication with the Arbitral Institution? | The cases are administered in English, Swedish or Russian. |
| Who is the main point of contact for the parties within the Arbitral Institution? | The legal counsel and/or the case administrator at the division to which the case has been allotted. |
| Are there restrictions on the language that the arbitration may be conducted in? | No. Any agreed language may be used before the Arbitral Tribunal, once it has been constituted. Unless agreed upon by the parties, the Arbitral Tribunal shall determine the language(s) of the arbitration (Article 26, SCC Rules). |
| Who appoints substitute arbitrators? | The Board shall appoint a new arbitrator where the arbitrator has been released from appointment or where the arbitrator has died. However, if the released arbitrator was appointed by a party, that party shall appoint the new arbitrator, unless the Board otherwise deems it appropriate (Article 21(1), SCC Rules). |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes (Article 13, SCC Rules). |
| Are oral hearings compulsory? | No. A hearing shall be held if requested by a party, or if the Arbitral Tribunal deems it appropriate (Article 32, SCC Rules). |
| What are common evidence-taking practices? | The admissibility, relevance, materiality and weight of evidance isfor the Arbitral Tribunal to determine (Article 31(1), SCC Rules) . The evidence-taking practice will largely depend on the seat of the arbitration, whether the arbitration is domestic or international, on the tribunal etc. |
| What is the average duration of arbitration proceedings? | In 2016, the median duration of disputes decided by sole arbitrators was 10.3 months and 15.8 months for disputes decided by three arbitrators. Looking at all cases, the median duration was 13.5 months. For the majority of awards rendered under the SCC Arbitration Rules in 2017, it took between 6-12 months from the time of registration of a case until the rendering of an award. |
| What is the timeframe for rendering the award? | The final award shall be made no later than six months from the date the case was referred to the Arbitral Tribunal (Article 43, SCC Rules). |
| Are extensions to time limits permissible? | Yes. The Board may extend the time limit for the final award upon a reasoned request from the Arbitral Tribunal or if otherwise deemed necessary (Article 43, SCC Rules). |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Yes. The Arbitral Tribunal may, at the request of a party, grant any interim measures it deems appropriate (Article 37(1), SCC Rules)). A request for interim measures made by a party to a judicial authority is not incompatible with the arbitration agreement or with the SCC Rules (Article 37(5), SCC Rules)). Hence, there is a competing competency of the ordinary courts with regard to interim measures. |
| Do the institutional rules provide for an emergency arbitrator? | Yes (Appendix II of the SCC Rules). |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Yes. According to Article 43 of the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce, the final award shall be made no later than three months from the date the case was referred to the Arbitrator. The Board may extend this time limit upon a reasoned request from the Arbitrator, or if otherwise deemed necessary, having due regard to the expedited nature of the proceedings. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | No. |
| Do costs necessarily follow the event? | No. Unless otherwise agreed by the parties, the Arbitral Tribunal may in the final award, at the request of a party, order one party to pay any reasonable costs incurred by another party, including costs for legal representation, having regard to the outcome of the case, each party's contribution to the efficiency and expeditiousness of the arbitration and other relevant circumstances (Article 50, SCC Rules). |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes. According to the Swedish Arbitration Act (SFS 1999:116), an award may be declared invalid (Section 33) or wholly or partially set aside upon motion of a party (Section 34). The reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention (Article V). |
| Link to institutional rules | https://sccinstitute.com/media/293614/arbitration_rules_eng_17_web.pdf |
| Link to model clause | https://sccinstitute.com/dispute-resolution/model-clauses/english/ |
Lex Mundi Global Arbitration Institutions Guide
The Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC")
Stockholm, Sweden.
The SCC is part of the Stockholm Chamber of Commerce, but is independent in exercising its functions in the administration of disputes.
The SCC consists of a Board and a Secretariat. The Secretariat handles the daily case management, etc. A Secretary General heads the Secretariat. The cases are allotted to one of three divisions, each consisting of a legal counsel and a case administrator. The function of the Board is to make decisions as required under the SCC Rules, for example decisions regarding prima facie jurisdiction, appointment of arbitrators, challenge to arbitrators and the costs of the arbitration.
No.
Yes. The place of arbitration can freely be chosen by the parties. The Board shall decide the seat of arbitration unless otherwise agreed upon by the parties (Article 25, SCC Rules).
The registration fee currently amounts to EUR 3 000 (VAT not included) or EUR 3 750 (VAT included). Under The Rules for Expedited Arbitration, the registration fee amounts to EUR 2 500 (VAT not included) or EUR 3 125 (VAT included). Companies with their seat outside of Sweden do not pay VAT on SCC registration fees.
The average cost would be approximately USD 63 500 exclude VAT.
The average cost would be approximately USD 300 000 exclude VAT.
The average cost would be approximately USD 570 000 exclude VAT.
Each party shall pay half of the Advance on Costs, unless separate advances are determined. Where counterclaims or set-offs are submitted, the Board may decide that each party shall pay advances corresponding to its claims. In case of joinder, the Board may determine each party's share of the Advance on Costs as it deems appropriate, having regard to the circumstances of the case (Article 51 (3), SCC Rules)). If a party fails to make a required payment, the Secretariat shall give the other party an opportunity to do so within a specified period of time. If this do not occur, the Board shall dismiss the case in whole or in part (Article 51(5)).
No.
The cases are administered in English, Swedish or Russian.
The legal counsel and/or the case administrator at the division to which the case has been allotted.
No. Any agreed language may be used before the Arbitral Tribunal, once it has been constituted. Unless agreed upon by the parties, the Arbitral Tribunal shall determine the language(s) of the arbitration (Article 26, SCC Rules).
The Board shall appoint a new arbitrator where the arbitrator has been released from appointment or where the arbitrator has died. However, if the released arbitrator was appointed by a party, that party shall appoint the new arbitrator, unless the Board otherwise deems it appropriate (Article 21(1), SCC Rules).
Yes (Article 13, SCC Rules).
No. A hearing shall be held if requested by a party, or if the Arbitral Tribunal deems it appropriate (Article 32, SCC Rules).
The admissibility, relevance, materiality and weight of evidance isfor the Arbitral Tribunal to determine (Article 31(1), SCC Rules) . The evidence-taking practice will largely depend on the seat of the arbitration, whether the arbitration is domestic or international, on the tribunal etc.
In 2016, the median duration of disputes decided by sole arbitrators was 10.3 months and 15.8 months for disputes decided by three arbitrators. Looking at all cases, the median duration was 13.5 months. For the majority of awards rendered under the SCC Arbitration Rules in 2017, it took between 6-12 months from the time of registration of a case until the rendering of an award.
The final award shall be made no later than six months from the date the case was referred to the Arbitral Tribunal (Article 43, SCC Rules).
Yes. The Board may extend the time limit for the final award upon a reasoned request from the Arbitral Tribunal or if otherwise deemed necessary (Article 43, SCC Rules).
Yes. The Arbitral Tribunal may, at the request of a party, grant any interim measures it deems appropriate (Article 37(1), SCC Rules)). A request for interim measures made by a party to a judicial authority is not incompatible with the arbitration agreement or with the SCC Rules (Article 37(5), SCC Rules)). Hence, there is a competing competency of the ordinary courts with regard to interim measures.
Yes (Appendix II of the SCC Rules).
Yes. According to Article 43 of the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce, the final award shall be made no later than three months from the date the case was referred to the Arbitrator. The Board may extend this time limit upon a reasoned request from the Arbitrator, or if otherwise deemed necessary, having due regard to the expedited nature of the proceedings.
No.
No. Unless otherwise agreed by the parties, the Arbitral Tribunal may in the final award, at the request of a party, order one party to pay any reasonable costs incurred by another party, including costs for legal representation, having regard to the outcome of the case, each party's contribution to the efficiency and expeditiousness of the arbitration and other relevant circumstances (Article 50, SCC Rules).
Yes. According to the Swedish Arbitration Act (SFS 1999:116), an award may be declared invalid (Section 33) or wholly or partially set aside upon motion of a party (Section 34). The reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention (Article V).