List procedures

The SCC offers a list procedure to support the parties in the appointment process. The procedure allows the parties to participate in the selection and is a structured approach, intended to facilitate an efficient appointment process and to promote confidence in the composition of the Arbitral Tribunal.

What is a list procedure?

The list procedure is a method for appointing an arbitrator in which the SCC provides the parties with a shortlist of candidates. The parties are invited to review the list and to indicate their preferences. The SCC subsequently makes the appointment based on the parties’ stated preferences.

This differs from a standard appointment process, where the SCC Board selects and appoints an arbitrator directly. The list procedure allows an additional measure of party involvement without protracted negotiations. It is intended to afford the parties an equal opportunity to provide input on the composition of the Arbitral Tribunal, while mitigating the risk of delay where direct discussions between the parties are unsuccessful or impracticable.

How it works

The parties may agree on the form of the list procedure, including the number of candidates on the list, the number of strikes permitted, and whether the candidates are to be ranked.

Should the parties fail to agree on the form of the list procedure, the SCC will apply its standard procedure:

• The SCC will provide a list of five candidates, which the parties are invited to rank in order of preference. The SCC will appoint the candidate receiving the highest combined score.
• If two or more candidates receive the same highest score, the SCC will select and appoint one of those candidates. If the highest-ranked candidate is unable to accept the appointment, the SCC will appoint the next highest-ranked candidate.

Candidate selection criteria

In compiling the list, the SCC has regard to the considerations set out in the SCC Rules and the SCC Policy on the Appointment of Arbitrators:

• Nature of the dispute: The SCC selects arbitrators based on case-specific expertise and relevant experience
• Prior arbitral experience: The SCC seeks to primarily select arbitrators who have demonstrable experience in conducting arbitral proceedings.
• Seat, governing law, and language: The seat of arbitration, the applicable substantive law, and the language of the proceedings are taken into account in selecting suitable candidates.
• Nationality: Where the parties are of different nationalities, candidates sharing the same nationality of either party will not ordinarily be included on the list for appointment as a sole arbitrator or chairperson, unless otherwise agreed by the parties.
• Diversity: The SCC seeks to promote gender diversity and geographic representation in its selection.

How to request a list procedure

A request to initiate a list procedure may be submitted by either party or jointly by the parties. The request should be addressed to the SCC and include (i) a brief description of the dispute, (ii) the applicable rules, and (iii) any agreed or proposed criteria for the arbitrator profile. In connection with the filing of the request for list procedure, the parties will be asked to pay the administrative fee of EUR 3,000 (VAT exclusive).

Where a list procedure is requested in the context of a pending SCC arbitration, the request should be submitted via the case manager assigned to the case. This service is free of charge in pending SCC arbitrations.

Contact

For enquiries regarding list procedure or arbitrator appointments, please contact the SCC at arbitration@sccarbitrationinstitute.com.