Emergency arbitrator

– for quick interim decisions

If you suspect that the opposing party might take actions that could cause damage or undermine future arbitration, you may need swift interim or provisional relief. The SCC Rules provide a streamlined emergency arbitrator procedure to address such urgent situations quickly.

Key features of emergency arbitration at the SCC

An emergency arbitrator is appointed within 24 hours once the application is complete and payment is received.

The emergency arbitrator renders a decision within five days of their appointment.

The decision is binding on the parties once issued. However, it can later be amended or revoked by the Arbitral Tribunal in the main proceedings, or by the emergency arbitrator under certain circumstances. (If no arbitration is commenced within 30 days of the emergency decision, or if the case is not referred to an Arbitral Tribunal within 90 days, the emergency decision ceases to be binding.)

The rules for emergency arbitration administered by the SCC are attached as Appendix II to both the SCC Arbitration Rules and the SCC Expedited Arbitration Rules. If the parties’ contract refers disputes to arbitration under any of these rules, a party to the contract may have an emergency arbitrator appointed.

How to commence an emergency arbitration

1. Prepare the application

The application shall include:

the names, addresses, telephone numbers and e-mail addresses of the parties and their counsel;
a summary of the dispute;
a clear statement of the interim relief sought and the reasons therefor;
a copy or description of the arbitration agreement or clause under which the dispute is to be settled;
comments on the seat of the emergency proceedings, the applicable law(s) and the language(s) of the proceedings; and
proof of payment of the costs for the emergency proceedings.

2. Send the application

Email your completed application to emergencyarbitrator@sccarbitrationinstitute.com.
If possible, notify the SCC in advance that your application is on its way. Use the abovementioned email address for such notification.

3. Appointment of the emergency arbitrator

Once the application is deemed complete and the fee is paid, the SCC appoints an emergency arbitrator within 24 hours.

4. The emergency arbitrator renders a decision

The decision is to be rendered within five days. The SCC may grant an extension of time.

Fee

The costs of the emergency proceedings are EUR 20,000 excluding VAT (EUR 25,000 including VAT).

VAT does not have to be paid by businesses based outside Sweden. EU businesses must provide their VAT registration number.

Please note that payments of the costs of the emergency proceedings from Russian or Belarussian bank accounts require additional administration. The payer shall contact the SCC for further instructions, before remitting such payment.

The fee is payable to the following account. Please note that this account is only available for emergency proceedings.

Bank: Skandinaviska Enskilda Banken AB (publ)

Recipient: Stockholms Handelskammares Service AB

Account number (IBAN): SE13 5000 0000 0512 3822 5837

BIC: ESSESESS

VAT registration no: SE556095795201

Please give the claimant’s name as a reference when making the payment and attach the receipt to the request for appointment of an emergency arbitrator.

Digital invoice management

SCC applies digital invoice management and the reference invoice for the administrative fee will be uploaded to the case specific SCC Platform site and made available to the party/parties liable for payment following the rendering of the interim decision. A notification will be sent by email when the invoice has been made available. Please notify the case administrator should you need a paper copy of the invoice.