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Investment disputes

Over the years, the SCC has played a prominent role as an international forum for disputes between investors and states.  

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.

Cost calculator

Cost Calculator

Estimated cost

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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

The amount in dispute:
Number of arbitrators:

Chairperson's fee

Minimum
Median
Maximum

Advance on Costs (excl. VAT)

The fee to the chairperson (median) excl. VAT
Administrative fee of the SCC excl. VAT
Expenses (estimate) excl. VAT
Total excl. VAT

Conditions

The amount in dispute:
Number of arbitrators:

Chairperson's fee

Minimum
Median
Maximum

The fee to the chairperson (median)

Chairperson
Co-arbitrator *
Co-arbitrator *

Advance on Costs (excl. VAT)

The fee to the chairperson (median) excl. VAT
Administrative fee of the SCC excl. VAT
Expenses (estimate) excl. VAT
Total excl. VAT

*Each co-arbitrator shall receive 60% of the chairpersons fee. After consultation with the tribunal, the Board may decide that another rate shall apply.

Conditions

The amount in dispute

Fee of the Mediator

Fee*

Advance on Costs (excl. VAT)

Administrative fee of the SCC excl. VAT
Expenses (estimate) excl. VAT
Total excl. VAT

*The mediator's fees equivalent to EUR 4,000 for the preparation of the case and EUR 4,000 for each day of mediation. The mediator's fees shown in the table above are calculated from a one-day mediation.

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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.