Stockholm Chamber of Commerce (SCC)

The SCC Arbitration Institute (SCC) is an institution established, in 1917, to administer arbitration proceedings. Though the SCC is established as a part of the Chamber of Commerce, the SCC is independent from the Chamber of Commerce in its function. The SCC consists of a Board and a Secretariat to efficiently handle arbitration proceedings. The SCC handles both commercial arbitration (dispute between private parties) and investment arbitration (dispute between a foreign investor and a State).¹

The SCC has adopted rules, namely the SCC Arbitration Rules, to govern arbitration proceedings initiated at the SCC. Appendix III to the SCC Arbitration Rules provides for special rules applicable in case of investment arbitration like setting the default number of arbitrators as three, rules for submissions by a third person and submissions by a non-disputing treaty party.² The SCC has also adopted Mediation Rules to govern mediations instituted under these rules.³

The SCC is referred as a forum for the resolution of disputes between an investor and a host State in about 120 investment protection treaties.⁴ Under these treaties, the SCC is responsible for conducting the investment arbitration in a smooth and efficient manner according to the SCC Arbitration Rules. In other treaties, the SCC functions as an Appointing Authority.⁵ Under these treaties, the SCC would only facilitate the constitution of the arbitral tribunal and has no role in the administration of arbitration proceedings.

The SCC has handled investment arbitrations under the Energy Charter Treaty⁶ and many bilateral investment treaties⁷ (for example: Czech Republic-United Kingdom BIT, USSR-Spain BIT, Russian Federation-United Kingdom BIT, Kazakhstan-United States of America BIT, Republic of Moldova- Russian Federation BIT). In some investment arbitrations handled by the SCC, the arbitration clause is part of the investment contract.⁸

The SCC also provides an emergency procedure for ISDS disputes.⁹ See further Emergency Arbitration

Arbitration Institute of the Stockholm Chamber of Commerce (SCC).

Danelius, H. C. Y., ICSID, UNCITRAL and SCC as Investment Fora, Between East and West: Essays in Honour of Ulf Franke, 2010, Chapter 9.

Coe Jr., J.J., Procedural Issues in International Investment Arbitration, ICSID Review - Foreign Investment Law Journal, 2019, pp. 241-254.

Koh, S.Y., The Use of Emergency Arbitrators in Investment Treaty Arbitration, ICSID Review - Foreign Investment Law Journal, 2016, pp. 533-548.