Efficiency, equity, and evolution – further insights from the SCC’s 2024 report
This is the second article in our two-part series on the SCC’s 2024 Report on arbitration costs and apportionment under the SCC Rules.
Published
While the first article focused on cost structures and timelines, this piece highlights the broader procedural and institutional developments reflected in the data.
Key insights:
- The SCC’s expedited arbitration rules are thriving, especially in Sweden. Reflecting the SCC’s “culture of speed”, 100% of expedited awards in 2023 were rendered within six months.
- Combination clauses are gaining traction: 36% of expedited cases invoked them, with 88% of these giving the SCC Board discretion to determine the applicable rules, indicating the parties’ confidence in the SCC’s case administration.
- Arbitrator profiles are increasingly representative of the field, with 87 different nationalities represented in the period of 2013-2023.
- Arbitral tribunals are increasingly factoring in party conduct when awarding costs, penalizing frivolous claims and procedural inefficiencies.
“We’ve seen a measurable shift toward faster timelines and more decisive cost awards. That’s a testament to the SCC’s commitment to efficiency and transparency,”
– Jake Lowther, Specialist Counsel
The report reinforces that most arbitration costs are within the parties’ control. By choosing the right rules, counsel, and strategy, parties can shape both the cost and the outcome of their dispute.