The Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) launched its new Arbitration Rules as part of its 100-year anniversary in January 2017.

The SCC’s previous Rules from 2010 showed signs of ageing. In the last decade, the arbitration community has seen the rise of multi-party disputes, rules for transparency in investor-State cases, questions concerning the role of tribunal secretaries and calls for more efficient and better-tailored proceedings. The product was the result of a three-year undertaking by the Rules Revision Committee, who met regularly to discuss existing practices and to respond to user demand. The Scc Rules attempt to balance and accommodate these trends and issues.

The SCC provides alternative proceedings depending on the complexity and needs of a case. In 2017, the SCC launched its revised Rules for Expedited Arbitration (“Expedited Rules”). The Expedited Rules offer a streamlined process that is separate from the general Rules. To apply, the parties must agree to have their dispute resolved under the Expedited Rules either in the arbitration agreement or after the dispute has arisen.

SCC Emergency Arbitrations

The SCC Rules allow for an emergency arbitrator appointment prior to the constitution of the tribunal. Turn-around time for relief, if it is granted, is quick. Any emergency decision on interim measures shall be made within 5 days from the date of application.

Parties may request an Arbitral Tribunal to decide on issues of fact or law via a summary procedure under the Arbitration and Expedited Rules. This allows cases to bypass certain procedural steps and to dismiss frivolous claims. A request for summary procedure covers various facets, such as jurisdiction, admissibility or the merits, and it may occur at any point during the arbitration.

SCC Investment Arbitrations

Unlike other institutes, the SCC Rules apply both to commercial and investment treaty disputes. Recognizing that the SCC Rules are the third-most used in investment disputes. One notable provision is the intervention of third parties. The Appendix allows third persons to request permission from an arbitral tribunal to make a submission. The arbitral tribunal may also, after consulting the parties, invite third parties to submit briefs on material issues related to the case. Finally, confidentiality of proceedings is the default rule for SCC investor-State arbitrations, in contrast with the UNCITRAL Rules on Transparency.

SCC Security for Costs Provision

A new provision explicitly permits an arbitral tribunal to order a claimant or counterclaimant to provide security for costs in exceptional cases. Failure to comply authorizes the tribunal to suspend or dismiss the party’s claims.

SCC Administrative Secretaries

Although arbitral secretaries have been a divisive issue in recent years, few rules regulate them. Article 24 of the SCC Rules, however, explicitly codifies existing SCC practice in this regard.

Under it, arbitral tribunals may propose to the SCC a secretary for appointment. If the parties agree, the SCC will formally appoint that secretary. Once approved, the secretary must sign a statement of impartiality and independence. Any challenges to remove an administrative secretary are based on the same grounds as SCC arbitration lawyer challenges.

SCC Multiparty and Multi-Contract Disputes

Article 13 sets the acceptable procedural conditions under which additional parties may be joined. For its part, Article 14 codifies existing SCC practice in multi-contract disputes. In the latter scenario, parties may bring claims arising from several contracts in one proceeding, provided that the agreements are compatible.

The SCC’s decisions on joiner and multi-contract issues are preliminary. Ultimately, the arbitral tribunal has the power to decide on jurisdiction once appointed.

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