Arbitrator appointment

Who can be appointed as arbitrator?

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.

Is there an SCC roster?

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.

How many arbitrators are appointed?

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.

Who appoints the arbitrators?

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

What factors are taken into consideration when appointing an arbitrator?

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:

• The nature and circumstances of the dispute — this informs the type of expertise or specialisation required to decide the dispute.
• Previous experience as an arbitrator — this is important for sole arbitrators or chairpersons to manage the arbitration process efficiently.
• The seat, applicable law and language of the arbitration.
• Nationality — if the parties are of different nationalities, the sole arbitrator or chairperson will generally not be of the same nationality as a party. 
• The arbitrator’s availability — arbitrators must have time to decide the dispute within the timeline stipulated by the applicable SCC Rules.
• Tribunal balance — in three-member tribunals, the Board seeks to balance expertise, qualifications, seniority, language and other relevant factors.
• Diversity — where there are many arbitrators of similar qualifications, the Board will actively consider diversity of gender, age and national origin.

Read more: Policy on the Appointment of Arbitrators

How do I get appointed as an arbitrator by the SCC?

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.

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.