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Dispute Resolution Clause – English

Arbitration Rules

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute.

Recommended additions:

The seat of arbitration shall be […].
The language to be used in the arbitral proceedings shall be […].
This contract shall be governed by the substantive law of […].

Rules for Expedited Arbitrations

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the SCC Arbitration Institute.

Recommended additions:

The seat of arbitration shall be […].
The language to be used in the arbitral proceedings shall be […].
This contract shall be governed by the substantive law of […].

Combined clause – Rules for Expedited Arbitrations as first choice

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the SCC Arbitration Institute (the “SCC”).

The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

Recommended additions:

The seat of arbitration shall be […].
The language to be used in the arbitral proceedings shall be […].
This contract shall be governed by the substantive law of […].

Combined clause – Value based

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the SCC Arbitration Institute (the “SCC”).

The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed EUR 100,000. Where the amount in dispute exceeds EUR 100,000 the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds EUR 100,000 but not EUR 1,000,000. Where the amount in dispute exceeds EUR 1,000,000, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration.

Recommended additions:

The seat of arbitration shall be […].
The language to be used in the arbitral proceedings shall be […].
This contract shall be governed by the substantive law of […].

SCC Express - model agreement for submitting existing dispute to SCC Express

The undersigned parties hereby agree to submit their dispute arising out of [name/date of the Contract] and relating to [description of the dispute] to be submitted to proceedings in accordance with the Rules for Express Dispute Assessment of the SCC Arbitration Institute.

Possible additions (addition 1 and 2 are alternate options): 

  1. The findings of the Neutral delivered in accordance with the SCC Rules for Express Dispute Assessment shall be contractually binding upon the parties.
     
  2. The findings of the Neutral delivered in accordance with the SCC Rules for Express Dispute Assessment shall be contractually binding upon the parties. If either party requests arbitration within [30] days of receiving the assessment, the assessment shall only be binding and valid until otherwise ordered or decided by the arbitral tribunal.
     
  3. The parties may, in a subsequent arbitration or otherwise, use the findings of the Neutral and the information learned in the context of or in connection with an assessment in accordance with the SCC Rules for Express Dispute Assessment.
     
  4. [One of the parties] shall be liable for the costs of the SCC Express pursuant to § 11 of the SCC Rules for Express Dispute Assessment.

SCC Express - a model clause for submitting disputes regarding a specific contractual provision to SCC Express

In the event of a dispute regarding the interpretation or application of [this contractual provision], the following applies. 

In order to limit the scope of disputes arising in connection with this agreement, the parties have agreed that, in the event that the dispute concerns the interpretation or application of [this contractual provision], they should primarily request an assessment according to the SCC Rules for Express Dispute Assessment. This understanding does however not prevent any of the parties from referring, at any time, the dispute to arbitration, as prescribed [in clause [….] of this agreement]. 

Possible additions (addition 1 and 2 are alternate options): 

  1. The findings of the Neutral delivered in accordance with the SCC Rules for Express Dispute Assessment shall be contractually binding upon the parties.
     
  2. The findings of the Neutral delivered in accordance with the SCC Rules for Express Dispute Assessment shall be contractually binding upon the parties. If either party requests arbitration within [30] days of receiving the assessment, the assessment shall only be binding and valid until otherwise ordered or decided by the arbitral tribunal.
     
  3. The parties may, in a subsequent arbitration or otherwise, use the findings of the Neutral and the information learned in the context of or in connection with an assessment in accordance with the SCC Rules for Express Dispute Assessment.
     
  4. [One of the parties] shall be liable for the costs of the SCC Express pursuant to § 11 of the SCC Rules for Express Dispute Assessment.

SCC Express - a model clause for submitting disputes regarding the interpretation or application of the contract to SCC Express and, if the dispute is not resolved, to SCC arbitration

In the event of a dispute arising from this agreement, the parties agree to first request an assessment of the dispute or certain issue(s) of importance to the dispute according to the SCC Rules for Express Dispute Assessment.

This understanding does however not prevent any of the parties from referring, at any time, disputes under this agreement to arbitration and in such case any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the SCC Arbitration Rules. 

Recommended additions: 

The seat of arbitration shall be […]. 

The language to be used in the arbitral proceedings shall be […]. 

This contract shall be governed by the substantive law of […].  

Possible additions (addition 1 and 2 are alternate options):  

  1. The findings of the Neutral delivered in accordance with the SCC Rules for Express Dispute Assessment shall be contractually binding upon the parties.
     
  2. The findings of the Neutral delivered in accordance with the SCC Rules for Express Dispute Assessment shall be contractually binding upon the parties. If either party requests arbitration within [30] days of receiving the assessment, the assessment shall only be binding and valid until otherwise ordered or decided by the arbitral tribunal.
     
  3. The parties may, in a subsequent arbitration or otherwise, use the findings of the Neutral and the information learned in the context of or in connection with an assessment in accordance with the SCC Rules for Express Dispute Assessment.
     
  4. [One of the parties] shall be liable for the costs of the SCC Express pursuant to § 11 of the SCC Rules for Express Dispute Assessment.

SCC Express - a model multi-tiered dispute resolution clause with SCC Express and SCC arbitration as two of the steps 

Disputes arising out of [this agreement/this provision] shall primarily be settled by [the order for discussion of disputed issues that the parties’ agreement prescribes, for example meetings between the CEO’s.]

In the event that the dispute cannot be resolved in accordance with what is prescribed in [paragraph above], the parties, as a second step, undertake to request an assessment of the dispute or certain question(s) of importance to the dispute according to the SCC Rules for Express Dispute Assessment. 

If the dispute cannot be resolved in accordance with the provisions stated above, the parties shall refer the dispute to be finally settled by arbitration in accordance with the SCC Arbitration Rules. The seat of the arbitration shall be […]. The language to be used in the arbitral proceedings shall be […]. This contract shall be governed by the substantive law of […]. 

This understanding does not prevent the parties from referring, at any time, a dispute under this agreement to arbitration in accordance with the foregoing paragraph.

Possible additions (addition 1 and 2 are alternate options):  

  1. The findings of the Neutral delivered in accordance with the SCC Rules for Express Dispute Assessment shall be contractually binding upon the parties.
     
  2. The findings of the Neutral delivered in accordance with the SCC Rules for Express Dispute Assessment shall be contractually binding upon the parties. If either party requests arbitration within [30] days of receiving the assessment, the assessment shall only be binding and valid until otherwise ordered or decided by the arbitral tribunal.
     
  3. The parties may, in a subsequent arbitration or otherwise, use the findings of the Neutral and the information learned in the context of or in connection with an assessment in accordance with the SCC Rules for Express Dispute Assessment.
     
  4. [One of the parties] shall be liable for the costs of the SCC Express pursuant to § 11 of the SCC Rules for Express Dispute Assessment.

Model Mediation Clause

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be referred to Mediation in accordance with the Mediation Rules of the SCC Arbitration Institute, unless one of the parties objects.

Model Mediation Clause – Combined Clause

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall first be referred to Mediation in accordance with the Mediation Rules of the SCC Arbitration Institute, unless one of the parties objects.

If one of the parties objects to Mediation or if the Mediation is terminated, the dispute shall be finally resolved...

Important!

When using the model clause, one of the options below should be inserted.

Option 1

... by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute.

Option 2

... by arbitration in accordance with the Rules for Expedited Arbitrations of the SCC Arbitration Institute.

Option 3

...…by arbitration at the SCC Arbitration Institute (the SCC).

The Rules for Expedited Arbitrations shall apply, unless the SCC, taking into account the complexity of the case, the amount in dispute and other circumstances, determines that the Arbitration Rules of the SCC Arbitration Institute shall apply. In the latter case, the SCC shall also decide whether the tribunal shall be composed of one or three arbitrators.

Option 4

...in any court of competent jurisdiction.

Model Agreement for Submission of an Existing Dispute to Arbitration under the SCC Arbitration Rules

The undersigned parties hereby agree to submit their dispute arising out of [name/date of the Contract] and relating to [description of the dispute] to final determination by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute.

The arbitral tribunal shall consist of [a sole arbitrator][three arbitrators].

The seat of arbitration shall be in [  ]

The language to be used in the arbitral proceedings shall be [specify language].

The dispute shall be decided in accordance with [  ] law.
 

Signatures

Party 1:

Date:  

Name:  

Position:
 

Party 2:

Date:  

Name:

Position:

Model Agreement for Submission of an Existing Dispute to Arbitration under the SCC Rules for Expedited Arbitrations

The undersigned parties hereby agree to submit their dispute arising out of [name/date of the Contract] and relating to [description of the dispute] to final determination by arbitration in accordance with the Rules for Expedited Arbitrations of the SCC Arbitration Institute.

The seat of arbitration shall be in [  ]

The language to be used in the arbitral proceedings shall be [specify language].

The dispute shall be decided in accordance with [  ] law.
 

Signatures

Party 1:

Date:  

Name:  

Position:

 

Party 2:

Date:  

Name:

Position:
 

**SCC Arbitration Institute was previously known as the Arbitration Institute of the Stockholm Chamber of Commerce