The composition of the arbitral tribunal is covered by the SCC Arbitration Rules and the SCC Rules for Expedited Arbitration. Read more about the factors that determine the appointment of SCC arbitrators.
Arbitrators can be non-lawyer experts in areas relevant to the dispute, but in practice, the vast majority of arbitrators are lawyers, law professors or scholars, judges and other dispute resolution professionals.
There are very few restrictions on arbitrator qualifications under the SCC Rules or the Swedish Arbitration Act, which applies to arbitrations seated in Stockholm. Anyone who is impartial to the dispute and independent of the parties can serve as an arbitrator.
No, the SCC does not have a specific list or a roster of certified arbitrators; rather, parties have near complete freedom to appoint the arbitrator they consider best suited to decide the dispute.
Parties may request from the SCC a list of candidates that meet certain criteria; they may also consider searching for information on potential arbitrators through Arbitrator Intelligence, GAR ART, Jus Mundi, ArbiLex or other relevant sources.
The composition of the arbitral tribunal is covered by Articles 16-18 of the SCC Arbitration Rules.
Articles 17-19 of the SCC Rules for Expedited Arbitrations.
The standards for impartiality and independence are discussed in the SCC Practice Notes on Arbitrator Challenges 2016-2018.
The standards for impartiality and independence are discussed in the SCC Practice Notes on Arbitrator Challenges 2013-15.
Under the SCC Arbitration Rules, the parties can agree on whether the dispute should be decided by a sole arbitrator or by a tribunal of three arbitrators. If the parties do not agree, the SCC Board decides the number of arbitrators, taking into consideration the complexity of the case, the amount in dispute and any other relevant circumstances. There was previously a default for three arbitrators, but under the most recent revision of the SCC Arbitration Rules (2017), this default was removed. Statistics for 2017-19 show that 55-70 percent of the cases are heard by a three-member tribunal, and the remainder by a sole arbitrator.
Read more: Statistics for 2017-19
Under the SCC Rules for Expedited Arbitrations, disputes are always decided by a sole arbitrator.
The majority of the arbitration appointments in SCC arbitrations are made by the parties, only around 35 percent are made by the SCC Board. However, the Board appoints around 70 percent of all sole arbitrators and 50-60 percent of all chairpersons.
If the dispute is to be resolved by a sole arbitrator, the SCC gives the parties 10 days to appoint an arbitrator jointly. If they do not agree on an arbitrator, the SCC Board makes the appointment. For three-member tribunals, each side appoints one arbitrator and the SCC appoints the chairperson, unless the parties agree otherwise. The parties are free to agree on a different procedure for arbitrator appointments, and it is relatively common for the chairperson to be appointed by the parties jointly or by the party-appointed arbitrators.
If a party fails or declines to appoint an arbitrator, the SCC Board will make the appointment on behalf of that party. In multi-party arbitrations, if one side comprising multiple parties fails to appoint an arbitrator, the SCC Board may appoint the entire tribunal.
Read more: SCC statistics on who appoints the arbitrators
In making these appointments, the SCC Board considers primarily the following factors, as stipulated by the SCC Rules and the Policy on the Appointment of Arbitrators:
Read more: Policy on the Appointment of Arbitrators
The SCC does not have a list or a roster of approved arbitrators, but it is a high priority to have knowledge of and contact with demonstrably experienced and skilled arbitrators - with expertise from different industries, areas of business and legal issues. In addition to possessing the relevant skill set for the case in question, the SCC Board seek to promote diversity when appointing arbitrators.
As an arbitrator you are welcome to register your CV with the SCC here to provide the SCC Board with updated information about your qualifications.
If you are already registered with the SCC please consider an update of the information periodically, to ensure that the SCC has access to accurate information regarding, for example, new areas of expertise or appointments in non-SCC arbitrations.
Reach out to arbitration@sccarbitrationinstitute.com to update your information.