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Swedish arbitration update Swedish arbitration update

Natalia PetrikNatalia Petriknatalia.petrik@chamber.senatalia.petrik@chamber.se

 

CIS Legal ForumCIS Legal Forum, , ViennaVienna 29 29 JuneJune 2014 2014

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Choice of seat in CIS-related disputes

Is the seat included into the arbitration clause? yes, in almost 100% of cases

How do the parties decide on the seat?

”Any dispute or controversy arising of this Contract shall be referred to arbitration under the Rules of the Stockholm Chamber of Commerce Arbitration Institute.

The seat of arbitration shall be Stockholm, Switzerland. ”

”Any dispute in connection with this contract shall be decided in arbitration. The seat of arbitration shall be the All-Union Chamber of Commerce and Industry in Stockholm”

”All disputes in relation to this contract shall be decided in Stockholm”

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A perfect seat for all the disputes...

Does not exist!

Look into the details of your contract: value, subject matter, parties, urgency etc.

Compare institutional offers: rules (old or modern?), time limits, costs, consolidations;

Look into the potentially applicable arbitration law!

Only one arbitration act applicable to both national and international disputes

Only one arbitration institute handling approximately 30 CIS cases out of 200 yearly

Only one-instance procedure for challenging arbitral awards, unless your challenge has a precedent value

Sweden: a country of ”the only ones”...Sweden: a country of ”the only ones”...

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Sweden: arbitration for everyoneSweden: arbitration for everyone

Everyone can arbitrate, including natural persons

Every individual can act as arbitrator, subject to impartiality and independence

Everyone can be counsel to a party

Every arbitration seated in Sweden can be assisted by Swedish courts, regardless of nationality of the parties or of the dispute’s connection to Sweden

Any particular features?

If a party objects to the arbitration agreement, fails to

appoint an arbitrator or to pay the security for costs, the counter-party is entitled to litigate in a competent court;

Arbitrators may not withhold the award pending the payment of compensation;

Arbitrators’ fees may be challenged in court;

Common-law remedy of anti-suit injunctions does not exist under Swedish law;

The courts look into international best practises when deciding on challenges (e.g. IBA Guidelines on the conflict of interest)

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Checklist for the SCC arbitrations

Standard and expedited proceedings;

Emergency arbitrator;

Arbitration fees are value-based and predictable;

SCC fee is capped at 60 000 EUR for high-value cases (over 100 mln. EUR)

www.sccinstitute.com

RULG CIS Counsel Forum Vienna, 29 June 2014

Natalia.petrik@chamber.se