Reports
Here you will find relevant and topical reports, SCC practice notes, and articles regarding arbitration and other types of dispute resolution.
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ICCA International Handbook on Commercial Arbitration, 2024
An introduction to arbitration in Sweden, SCC Arbitration Institute, and the Swedish Arbitration Act. Published by Kluwer Law International.
By Caroline Falconer, 2024
Kluwer Arbitration Blog post on SCC event on security for costs in international arbitration
This Kluwer Arbitration blog post gives insights into the SCC Breakfast discussion, 7 November 2024, on security for costs in international arbitration.
With Anna Joubin-Bret, Secretary of UNCITRAL, Faris Nasrallah, Head of Arbitration at Crescent Petroleum; Monique Sasson, Partner DeliSasson and arbitrator ARBITRA, Jake Lowther, SCC Specialist Counsel, and Crina Baltag, Stockholm University and SCC board member.
By Raoul Sievers, 2024
Costs of arbitration and apportionment of costs under the SCC Rules
The report provides fresh data following the SCC's previous report on the subject from 2016.
By Jake Lowther, Lorenzo Nizzi, and Samuel Hörberg Delac, 2024.
Dispute resolution in public sector contracts (mainly in Swedish)
Swedish: Tvistlösning avseende offentligt upphandlade kontrakt
Main report in Swedish. Abstract in English.
This report analyses dispute resolution in publicly procured contracts at the SCC and in the general courts of Sweden. It compares data from cases decided between 2013 and 2023 that relate to public procurement contracts.
By Madeleine Thörn, Sofia Tendorf, Johanna Nisell och Samuel Hörberg Delac, 2024.
SCC Practice Note: Security for Costs 2017–2022
In 2017, the SCC added user-friendly provisions to the SCC Rules, including on security for costs. The Practice Note reviews the decisions on security for costs in closed proceedings from 2017 to 2022.
By Jake Lowther, Gaurav Majumdar, 2024
SCC Practice Note: Mediation proceedings 2017–2022
Mediation is one of the types of dispute resolution services offered at the SCC. The practice note discusses developments in this area from 2017 to 2022, and analyses the revisions made to the SCC Mediation Rules which entered into force on 1 January 2023.
By Yi Ting Sam, 2024
Industry Insights: 2023 Energy Arbitration Report
In the global shift to green energy, rising disputes in the energy field are expected. In this Jus Mundi Energy Arbitration Report, our famous role in energy dispute resolution is discussed and current statistics on energy related disputes at the SCC is given.
By Caroline Falconer, Gaurav Majumdar, 2023
SCC Practice Note: Summary Procedure Decisions 2017–2022
Summary procedure enables all parties to an SCC arbitration to seek a decision on discrete issues of fact or law at a preliminary stage of the proceedings, without necessarily taking all the procedural steps that would usually apply in the arbitration.This report reviews and analyses the decisions of arbitral tribunals upon requests from the parties for summary procedure from 2017 to 2022.
By Jake Lowther, Yi Ting Sam, 2024
Insights from the first SCC Express Dispute Assesment
A short intorduction to the SCC Express Rules and the first SCC Express case. With SCC Express, disputes are resolved in 3 weeks and for a fixed fee. Perfect when the parties want to focus on the continued business relationship.
By Jan K. Schaefer et al, 2023
SCC Practice Note: Emergency Arbitrator Decisions 2019–2022
In a world where disputes can arise unexpectedly, having the right tools to swiftly resolve them is invaluable. In this Practice Note, Emergency Arbitrator Decisions made by the SCC in the time period between 2019 and 2022 are summarized.
By Evelina T. Wahlström, Head of Quality and Legal Counsel at the SCC, 2023.
Ad hoc vs. Institutional Arbitration in Construction Disputes
It is more expensive and time-consuming to resolve construction disputes in ad hoc arbitration than at the SCC Arbitration Institute. The report compares 35 ad hoc arbitrations with 25 arbitrations under the SCC Rules.
By Natalia Petrik and Adam Runestam, 2023
SCC Practice Note: Prima Facie Jurisdiction 2013-2023
The practice note focuses on the decisions on prima facie jurisdiction issued by the SCC between 2013 and 2023. In the practice note, the SCC’s stance in relation to its prima facie jurisdiction is discussed, and the cases where the SCC found it manifestly lacked jurisdiction are presented.
By Adam Runestam, 2023
SCC Practice Note: Emergency Arbitrator Decisions 2017–2018
The SCC was one of the first arbitration institutions in the world to provide for emergency arbitrator proceedings. In 2010, the new Appendix II was added to the SCC Arbitration Rules and the Rules for Expedited Arbitrations enabling parties to seek interim measures before a case is referred to the arbitral tribunal.
Ten years after the introduction of Appendix II, the SCC has seen a total of 47 applications for appointment of an emergency arbitrator.
This article will summarize all emergency arbitrator decisions rendered in 2017 and 2018. It refers to commercial arbitration cases only.
By Evelina T. Wahlström, 2020
Green technology disputes at the SCC Arbitration Institute
This report, published in connection with SCC Digital Week 2022, analyzes green technology disputes registered with the SCC between 1 January 2019 and 1 October 2022. The report highlights the need for the arbitration community to play its part in reducing the negative impacts of climate change and facilitating the transitionto a low-carbon economy.
By Christoffer Coello Hedberg, 2022
ICCA International Handbook on Commercial Arbitration, Swedish chapter
A short introduction to arbitration in Sweden, SCC Arbitration Institute and the Swedish Arbitration Act.
By Kristin Campbell Wilson, 2020
SCC Practice Note: Emergency arbitrators in investment treaty disputes at the SCC 2014-2019
The SCC Rules provide the opportunity to seek interim relief in investment treaty disputes. In 2014-2019 emergency decisions were made in ten disputes arising out of alleged violations of BITs or ECT. In six disputes emergency relief was granted.
By Alexey Pirozhkin, 2020
The SCC Platform
Article in Arbitration.ru, a journal by the Russian Arbitration Association, on the launch of the SCC Platform.
By Lise Alm, 2019
Introduction to Investor-State Arbitration at the SCC
A short introduction to investor-state arbitration at the SCC Arbitration Institute.
The chapter is part of International Comparative Legal Guides, Investor-State Arbitration 2020.
This chapter has been reproduced with permission from ICLG.
By James Hope, 2020
The Emergence of an International Arbitral Institution for the 21st century
The importance of international arbitral institutions through the lens of developments in Sweden.
Essay in Liber Amicorum in honour of SCC Chairman Prof. Dr. Kaj Hobér.
By Ulf Franke and Annette Magnusson, 2019
Green technology disputes in Stockholm 2014-2018
More green technology companies are resorting to arbitration at the SCC. In line with the transformation to a low-carbon economy, green technology will continue to expand. As a result, disputes involving green business could also be expected to increase.
By Sukma Dwi Andrina, August, 2019
Review of Taylor St John’s The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences
This review is part of issue 4, volume 20 of The Journal of World Investment & Trade.
By Annette Magnusson, 2019
SCC Practice Note: SCC Board Decisions on Challenges to Arbitrators 2016–2018
By Anja Ipp, SCC Legal Counsel och SCC Interns Rodrigo Carè och Valeryia Dubeshka. SCC challenges to Arbitrators 2016–2018: August 2019
Read the articleLiber Amicorum in honour of Prof. A.S. Komarov
Including the article: East Meets West in Stockholm. Av Annette Magnusson, SCC Secretary General och Natalia Petrik, SCC Legal Counsel
Read the articleThe fundamentals of arbitration will not change, but the tools will
ARBITRATION.RU in interview with Annette Magnusson, Secretary General of the SCC.
In February 2019
Investor-State Arbitration before the SCC, 2019
Introduction to Investor-State Arbitration before the SCC Arbitration Institute.
This chapter has been reproduced with permission from ICLG.
By James Hope, a member of the SCC Board, 2019.
Diversity in Arbitrator Appointments
The report focuses on the diversity trends in arbitrator appointments by the SCC Arbitration Institute from 2015 to 2019. It highlights the importance of party appointments in driving arbitrator diversity and suggests systematic approaches to increase diversity, such as using arbitrator databases and considering diverse candidates.
International Arbitration in Stockholm: Modern, Efficient ADR with Century-Old Roots
International Arbitration in Stockholm: Modern, Efficient ADR with Century-Old Roots
New York Dispute Resolution Lawyer, Fall 2018 | VOL. 11 | NO. 2.
By Anja Havedal Ipp, SCC Legal Counsel, 2018.
Expedited Arbitration at the SCC: One Year with the 2017 Rules
Article on the Kluwer Arbitration Blog | April 2, 2017.
By Anja Havedal Ipp, SCC Legal Counsel, 2017.
Rapport: Tvister säljer Sverige
Rapporten förklarar Sveriges position som forum för internationella tvister, dess betydelse för svensk ekonomi och hur vi kan stärka Sveriges konkurrenskraft.
Read the report (only in Swedish)SCC Practice Note: Mediation Proceedings 2003-2017
Between 2003 and 2017, the SCC registered 40 mediation cases. The mediations administered during this period were almost evenly split between Swedish and international disputes. The majority of mediators appointed were Swedish. This SCC mediation caseload shows that mediation is suitable in both low-value and high-value disputes. In 14 of the 40 mediations registered by the SCC since 2003, the stated amount in dispute has exceeded EUR 1 million.
By Samuel Carey, 2017.
Bridging the Climate Change Policy Gap: The Role of International Law and Arbitration
A joint conference between the SCC, IBA, ICC, and PCA in Stockholm on 21 November 2016.
We explored whether international law could bridge the “policy gap” between the objectives and the outcomes of the international climate change agreements, and whether international arbitration could serve as an enforcement mechanism in the climate change context. Nearly one hundred participants attended the conference, and the list of speakers included climate scientists, economists, policy specialists, investors, and lawyers from around the world.
At the conference, SCC secretary general Annette Magnusson introduced the Stockholm Treaty Lab – an innovation prize that aims to bring about a new model treaty for the promotion of green investments. Through this competition, the SCC and its partners jointly seek to address the policy gap between the objectives of the international climate change agreements and the outcomes they envision. Annette: “If we want to make sure that every child in this world can do their homework by an electric light, without raising temperature of the entire planet, what investments are needed and how do we make them happen?”
Award set aside due to arbitrator's conflict of interest
The SCC submitted a statement in these proceedings administrered at the Swedish Supreme Court of Justice.
Martin Wallin has commented on the judgment.
Sweden and Swedish law in international arbitration
An initiative by Young Arbitrators Sweden, 2012
Only in Swedish
Highlights of the revised Stockholm arbitration rules, China Business Law Journal
Highlights of the revised Stockholm arbitration rules.
China Business Law Journal, Volume 8 | Issue 5.
By Anja Havedal Ipp, SCC Legal Counsel, 2017.
SCC Practice Note - Emergency Arbitrator Decisions 2015-2016
Emergency Arbitrator Decisions Rendered 2015-2016.
SCC was one of the first arbitration institutions in the world to provide for emergency arbitrator proceedings. In 2010, the new Appendix II was added to the SCC Arbitration Rules and the Rules for Expedited Arbitrations (“SCC Rules”), allowing a party in need of prompt interim relief to receive a decision from an emergency arbitrator if no tribunal had yet been constituted. In these first seven years, the SCC has seen a total of 27 applications for the appointment of an emergency arbitrator, with 13 of those received in 2016 alone. This note summarizes the decisions rendered in 2015 and 2016, and draw some conclusions.
By Anja Havedal Ipp, SCC Legal Counsel, June 2017.
Investor-state disputes at the SCC
By Celeste E. Salinas Quero, SCC Legal Counsel. Investor-state disputes at the SCC: February 2017
Download the articleSCC Decisions on Challenges to Arbitrators 2013-2015
By Anja Havedal Ipp, SCC Legal Counsel. Challenges to arbitrators: January 2017.
Download the article2017 SCC Rules – Key changes
By Celeste E. Salinas Quero, SCC Legal Counsel, December 2016.
Costs of arbitration and apportionment of costs under the SCC Rules
By Celeste Salinas Quero, SCC Legal Counsel. February 2016.
Download the articleDG Trade Concept Paper Investment in TTIP and Beyond – The Path for Reform
Observations by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
Download the articleSCC Practice Note: Emergency Arbitrator Decisions Rendered 2014
By Lotta Knapp. Since the introduction of the emergency procedure, the SCC has seen a total of 13 applications for the appointment of an emergency arbitrator. This article will outline the main issues raised in the four emergency proceedings that were initiated at the SCC during 2014, followed by concluding remarks based on all 13 cases.
Download the articleSCC Practice: Arbitration Costs in Settled Cases
By Sukma Dwi Andrina. This article reviews arbitration costs when the parties decide to settle their case, after the case has been referred to the tribunal.
Download the articleSCC Praxis: Emergency Arbitrator Decisions
By Johan Lundstedt. This report reviews the SCC experience on Emergency Arbitration proceedings from 2010-2013.
Download the articleTowards consolidation of a ‘Pro Arbitration’ Approach
The Practice Note summarizes prima facie jurisdictional issues decided between 2010 and 2012. Compiled by former SCC intern Felipe Mutis Tellez, the report includes over 45 decisions.
Download the articleMål om klander av skiljedom i hovrätterna
Undersökningen, som genomförts av f.d. justitierådet Johan Munck och rådmannen Helga Hullmann, omfattar alla klandermål som har anhängiggjorts under perioden 1 januari, 2004 - 31 maj, 2014 i samtliga hovrätter.
Ladda ned artikeln (only in Swedish)Mauritius Convention and UNCITRAL Rules on Transparency in SCC cases
This brief note describes the application of the Mauritius Convention and the UNCITRAL Rules onTransparency in cases governed by the Arbitration Rules of the SCC Arbitration Institute (SCC Rules).
Ladda ned artikelnArbitrability: Problematic Issues of the Legal Term
This Thesis is devoted to terminological analysis of the term “arbitrability” which constitutes an important part of specialized legal discourse focusing on arbitration law.
Download the articleAppointment of arbitrators under the SCC Rules
By Celeste E. Salinas Quero. How are appointments made in practice? What are the criteria considered by the SCC Board when making appointments? Learn about the appointment procedure under the SCC Rules.
Download the articleOral presentation of evidence and the application of the parol evidence rule in international arbitration
By Erik Mårild.
Download the articleThe SCC Experience of Insurance Disputes
By Erik Mårild. This SCC Practice Note reviews insurance disputes registered at the SCC between 2002 and April 2013.
Download the reportInstitutional Arbitration - SCC Rules (Chapter XII)
By Marie Öhrström. “Institutional Arbitration” (Schütze (ed.)) includes an article-by-article commentary of rules of arbitration of 14 arbitration institutions, including the SCC.
Download Chapter XIIA review of SCC Board decisions on challenges to arbitrators (2010-2012)
By Felipe Mutis Tellez. The report follows the format of previous reports on SCC practice, and includes decisions taken by the SCC Board in the past two years.
Download the articleThe SCC Experience of Gas Disputes: Perspectives from a Leading Arbitration Centre
By Annette Magnusson, SCC Secretary General Presented at the Second Annual Forum on Commercial & Legal Strategies for Successfully Negotiating Long Term Gas Supply Contracts on 13 June 2012.
Download the articleWaiving the Right to Arbitrate
By Bengt Åke Johnsson, Ola Nilsso. The article examines the approach of Swedish, English, French, German and Swiss law in determining when a party waives its right to arbitration by initiating court proceedings and offers a comparative analysis of the scope that waiver.
Download the articleInnovation in Arbitration - The Report
The Report visits each one of the three sessions of the Conference: ”Technology in Arbitration”, ”Innovation: Clients and Counsel” and ”A Client’s wishlist” (2012).
Innovation in arbitration 2012Speech by Minister of TradeSeparate Awards for Advance on Costs, 1 January 2007-31 December 2011
Common trends in the application of Article 45(4) of the SCC Rules in SCC arbitrations have developed during the five years in which it has been possible to seek a separate award for reimbursement for Advance on Costs, concludes Gretta Walters in a article.
Download the articleA Selection of Decisions of the Arbitration Institute of the Stockholm Chamber of Commerce concerning the Prima Facie Existence of an Arbitration Agreement
David Ramsjö and Siri Strömberg analyse the 131 prima facie jurisdictional challenges raised by respondents from January 2005 to December 2009.
Download the articleInternational Dispute Resolution - a Modern Success Story of Legal Integration
By Annette Magnusson, SCC Secretary General. Presented at the Second Annual Forum on Commercial & Legal Strategies for Successfully Negotiating Long Term Gas Supply Contracts on 13 June 2012
Download the articleThe Next 10 Year ECT Investment Arbitration: A Vision for the Future - from a European Law Perspective
By Jan Kleinheisterkamp.
Download the articleThe standard of Independence and Impartiality for arbitrators in International Arbitration
By Helena Jung (Master’s thesis Faculty of Law, Uppsala University, Sweden with internship at the SCC spring 2008).
Download the articleArbitrators’ excess of mandate and procedural irregularities – A study based on challenged awards between 1999 and 2009
A examination of ten years of Swedish court practice shows that 10% of the challenge procedures resulted in the award being wholly or partially set aside.
Download the articleRead the summary hereRise of arbitration in the financial sector: breaking with tradition (2015)
By Legal Counselor at Swedbank Silvia Devulder. Article on arbitration in the financial sector.
Download the articleChoice of Arbitration Venue in Light of Sanctions against Russia
By Irina Moutaye och Elena Billebro. Article aims to examine some questions on the choice of traditional European arbitration venues (London, Paris, Stockholm, and Geneva) in light of the sanctions.
Download the articleEl Arbitraje en Suecia y el Nombramiento de árbitros bajo el Reglamento del Instituto de Arbitraje de la Cámara de Comercio de Estocolmo
Basic features, such as courts’ declarative judgements on jurisdiction, the Swedish approach on the seat of farbitration, set-aside proceedings, and a description of the appointment of arbitrators under the SCC Rules.
SCC Practice: Challenges to Arbitrators SCC Board decisions 2005-2007
By Helena Jung.
Download the articleChallenges to Arbitrators - Decisions by the SCC Board during 2008-2010
By Niklas Lindström. This article reviews SCC Board decisions regarding challenges to arbitrators during 2008-2010.
Download the articleArbitrators’ independence and impartiality: a review of SCC Board decisions on challenges to arbitrators (2010-2012)
By Felipe Mutis Tellez. The report includes decisions made by the SCC board between 2010-2012.
Download the article