Arbitration Institute of the Stockholm Chamber of Commerce

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[edit] General Information

  • Official name: Arbitration Institute of the Stockholm Chamber of Commerce
  • Country: Sweden
  • City: Stockholm
  • Type of organization: Independent organization
  • Date of creation: 1917 – 1970 (international commercial arbitration) – 1999 (Mediation)
  • Interests: Arbitration - Mediation
  • Fields of expertise: Commercial Disputes

[edit] Description

The SCC is part of, but independent from, the Stockholm Chamber of Commerce and was established in 1917. The SCC has a Board and a Secretariat. The SCC provides efficient dispute resolution services.

The SCC was recognized in the 1970's by the United States and the Soviet Union as a neutral centre for the resolution of East West trade disputes, and the SCC has since expanded its services in international commercial arbitration. In recent years the number of cases filed with the SCC has increased considerably and the SCC has emerged as one of the most important and frequently used arbitration institutions worldwide.

Today the SCC caseload includes both domestic and international arbitration cases. About 50 per cent of the cases are international in the sense that they involve at least one non-Swedish party.

[edit] Arbitration

The SCC does not itself decide disputes. The function of the SCC is to:

  • Administer domestic and international disputes in accordance with the SCC’s rules;
  • Administer domestic and international disputes in accordance with other procedures or rules agreed upon by the parties (e.g. the UNCITRAL Arbitration Rules); and
  • Provide information concerning arbitration and mediation matters.

Arbitration has great advantages compared to state court proceedings. Arbitration is faster, confidential and flexible. Further the parties have great freedom to shape the procedure as they deem appropriate, either by agreeing on procedural issues in the arbitration agreement or by entering into agreements during the procedure. Often the parties have agreed upon the seat of arbitration, the language to be used in the proceedings and the applicable law. Since the parties normally appoint one arbitrator each they can ensure that the arbitrators have the qualifications required when deciding the case.

An arbitral award cannot be appealed on the merits. Apart from costs for legal representation, the parties pay the fees and expenses of the arbitrators and the SCC.

Due to the New York Convention an arbitral award is recognized and enforced in basically all countries worldwide. This is a clear advantage when entering into cross border business contracts.

[edit] Mediation

The SCC Mediation Rules offer a speedy and cost-effective resolution method for parties wishing to avoid litigation and arbitral proceedings.

Parties often continue to co-operate after the closure of a successful SCC mediation procedure. This illustrates the great advantage of mediation as compared with arbitration and litigation.

A condition for mediation is that the parties are in agreement to use a mediator. Such agreement may be included in a business contract as a mediation clause.

SCC mediation is conducted under the SCC Mediation Rules, which entered into force on 1 April 1999. The Rules stipulate the mediator’s role and duty to disclose, confidentiality, appointment of mediator, the proceedings and the mediation costs.

Unless otherwise agreed by the parties the mediation shall be terminated within two months of the date when the dispute was referred to mediator. A successful mediation is terminated by a settlement agreement between the parties, which may be confirmed in an arbitral award. Mediation may also be terminated at the request of a party or by a declaration of the mediator that further efforts are unlikely to lead to the resolution of the dispute.

Mediation is an oral proceeding where the need for written briefs normally is very limited. The overriding purpose is to find a solution that can be accepted by both parties.

The SCC Mediation Institute has its own board. Such board makes decision on appointment of mediator and mediation costs. The Mediation Institute’s board is composed of six members appointed for a period of three years by the SCC Board. They are all prominent experts in mediation and ADR.

[edit] Contact

P.O. Box 16050, SE-103 21 Stockholm. Visiting address: Jakobs Torg 3 – Sweden

Tel: +46 8 555 100 50

Fax: +46 8 566 316 50

Email: arbitration@chamber.se

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