Investment disputes
The SCC heard its first investment dispute in 1993. Since then, we have administered a large number of investment cases, primarily based on bilateral investment protection treaties (BIT). The SCC is also one of three possible forums for investment disputes in the multilateral protection agreement, the Energy Charter Treaty (ECT).
Our role in these investment disputes can vary. For example, we may administer disputes or act as an appointing authority. A large proportion of disputes are handled under the SCC Arbitration Rules, which are the third most widely used rules for investment disputes globally. Under these rules, arbitration proceedings in which the dispute concerns a claim based on an investment protection agreement are initiated in the same way as ordinary proceedings. The investor must file a request for arbitration with us and at the same time pay a registration fee.
After the World Bank’s arbitration institute – the International Center for the Settlement of Investment Disputes (ICSID) – the SCC is the world’s second largest institute for investment disputes. We also act as an appointing authority under UNCITRAL’s arbitration rules. Sweden and the SCC are listed as forums for disputes between investors and states in 121 bilateral investment protection treaties and in the ECT. Sixty-one of these agreements stipulate that the SCC Arbitration Rules apply to disputes. The other 60 investment protection agreements stipulate the SCC as the appointing authority under the UNCITRAL arbitration rules or Sweden as the seat of arbitration.
Model clauses
The SCC model clauses are available in several languages.
SCC Rules
Provides for a procedure in line with the best practices in international arbitration.
What does it cost?
The costs consist of the fee to the arbitrators/mediator, the administrative fee of the SCC and any expenses incurred.
The SCC determines the costs based on the amount in dispute, which is the total value of all claims, counterclaims and set-offs. This means that the parties often can anticipate the arbitration costs. Use the calculator to estimate such costs!
When the amount in dispute exceeds EUR 100,000,000 the SCC Board determines the advance on costs based on a case by case analysis.
| Conditions | |
|---|---|
| Amount in dispute | |
| Number of arbitrators | |
| Chairperson’s Fee | |
| Minimum | |
| Median | |
| Maximum | |
| The fee to the arbitral tribunal (median) | |
| Arbitrator | |
| Co-arbitrator | |
| Co-arbitrator | |
| Advance on Costs (excl. VAT) | |
| The fee to the arbitral tribunal (median) | asdf |
| Administrative Fee of the SCC | |
| Estimated Expenses | |
| Total | |
| Conditions | |
|---|---|
| Amount in dispute | |
| Chairperson’s Fee | |
| Minimum | |
| Median | |
| Maximum | |
| Advance on Costs (excl. VAT) | |
| The fee to the arbitral tribunal (median) | |
| Administrative Fee of the SCC | |
| Estimated Expenses | |
| Total | |
| Conditions | |
|---|---|
| The amount in dispute | |
| Fee of the Mediator | |
| Fee | |
| Advance on Costs (excl. VAT) | |
| Administrative Fee of the SCC | |
| Estimated Expenses | |
| Total | |
Contact us
The fee of the arbitrator and other costs are determined by the Board when the amount in dispute exceeds this amount. Contact us for cost estimates.
Contact us
The fee of the arbitrator and other costs are determined by the Board when the amount in dispute exceeds this amount. Contact us for cost estimates.