Dispute Resolution Clauses
An arbitration can only take place if there is an arbitration agreement between the parties. We recommend that a dispute resolution clause is included in any business agreement.
The dispute resolution clause shall state the manner in which any dispute between the parties shall be solved.
Where the parties agree to arbitrate any disputes under the SCC Rules, we recommend that the SCC Dispute Resolution Clauses are included in the contract.
The Dispute Resolution Clauses can be found in a number of variations to suit the parties wishes; clauses referring to the SCC Arbitration Rules or the SCC Rules for Expedited Arbitrations only, and various combination clauses giving greater flexibility when the size and character of any dispute is more difficult to predict.
Besides the arbitration rules, the parties are encouraged to express in the dispute resolution clause their choice as to both the substantive and procedural law applicable to the controversy. Substantive law is the body of laws which regulates the contractual rights and obligations of the parties. Statistics from the latest years show that in SCC cases, parties very frequently opt for Swedish law. The second most used is English law.
Dispute Resolution Clauses
- Full-scale arbitration (a flexible procedure for all claims).
- Expedited arbitration (a fast-track procedure for smaller and medium sized claims).
- Expedited arbitration or full-scale arbitration depending on the circumstances.
- Expedited arbitration or full-scale arbitration depending on the amount in dispute.
- Mediation first hand, arbitration when the parties cannot agree on mediation or mediation is unsuccessful.
- SCC-ISDA Model arbitration Clause: Facilitates the use of arbitration as a recommendable dispute resolution alternative by banks and financial institutions.
- Model Agreement for submission of an existing dispute to SCC arbitration.
- Model Agreement for submission of an existing dispute to SCC expedited arbitration.
The SCC Dispute Resolution Clauses are available in several languages
Ukrainian
Norwegian
Lithuanian
Model Agreements for Submission of an Existing Dispute to SCC
The purpose of the SCC Model Submission Agreement is to facilitate the use of arbitration by parties in on-going disputes, where the parties have not previously agreed on an arbitration clause. Submission agreements are entered into after the dispute has arisen and include a reference to the disputed matter. A model submission agreement is a useful instrument for parties negotiating an existing dispute and exploring arbitration as an alternative to court litigation.
Agreements
- arbitration in accordance with the SCC Rules for Arbitration
- arbitration in accordance with the SCC Rules for Expedited Arbitrations
The agreements are available in English, Swedish and Russian.