Author

Ms Swarupa Madhavan

MIDS Candidate - University of Geneva and Graduate Institute

SCC

I. Definition

1.

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

II. SCC Rules

2.

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.1 The SCC has also adopted Mediation Rules to govern mediations instituted under these rules.2

III. General Treaty Practice

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.3 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.4 Under these treaties, the SCC would only facilitate the constitution of the arbitral tribunal and has no role in the administration of arbitration proceedings.

IV. Investment Arbitrations at SCC

4.

The SCC has handled investment arbitrations under the Energy Charter Treaty5 and many bilateral investment treaties6 (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.7

V. Bibliography

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.

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