Step by step guide to arbitration

Claimant

The request for arbitration is the equivalent to the public court’s lawsuit and is submitted by the Claimant (the requesting party) to the SCC Arbitration Institute through the SCC Platform.

The request for arbitration shall be brief and consist of the following:

• Name, VAT-number (if applicable) and contact details for all parties
• Name and contact details for the parties’ counsel
• A power of attorney
• A summary of the dispute
• A preliminary statement of the relief sought by the Claimant (a figure)
• A copy of the arbitration agreement or clause under which the dispute is to be settled
• Comments on the number of arbitrator and the seat of the arbitration
• If applicable; the name and contact details for the Claimant’s appointed arbitrator *
• A copy of the receipt of payment of the registration fee

The registration fee shall be paid in euro to SCC’s account below:

Favour: Stockholms Handelskammares Service AB
Bank: Skandinaviska Enskilda Banken AB (publ)
Account No. (IBAN): SE13 5000 0000 0512 3822 5837
BIC: ESSESESS
VAT No: SE556095795201

Under the SCC Rules the registration fee amounts to EUR 3000 (VAT not included). Registration fee (VAT included) is EUR 3750. Under the Rules for Expedited Arbitration (“Expedited Rules”) the registration fee amounts to EUR 2500 (VAT not included). Registration fee (VAT included) is EUR 3125.

Companies with a seat outside of Sweden do not pay VAT on SCC’s registration fees.

When applying the SCC Rules, the Claimant is also required to appoint an arbitrator in addition to submitting the request for arbitration. The parties may appoint any person as long as he or she is impartial and independent. The arbitrator must be contacted before the appointment is submitted to the SCC.

SCC

After receipt of the request for arbitration, the SCC makes a preliminary authentication and confirm receipt to the Claimant. As soon as the registration fee is paid, the Respondent is being served the request for arbitration.
In connection to the confirmation of receipt of the request for arbitration, the SCC may, if applicable, ask for further details from the Claimant.

Respondent

The Respondent is being served the request for arbitration and is asked to submit an answer to the request. The answer shall be brief and contain the Respondent’s view of the Claimant’s claims and, if applicable, name and contact details to their appointed arbitrator.

If the Respondent has any counterclaims or jurisdictional objections, these should also be included in the answer.

Failure by the Respondent to submit an answer does not prevent the arbitration from proceeding.

Claimant

Pays its part of the advance on costs.

SCC

Based on the parties’ claims, the SCC calculates the advance on costs which is paid by the parties in equal shares unless otherwise stated in the arbitration agreement. The registration fee is deducted from the Claimant’s part of the advances. If a party fails to make a required payment, the SCC shall give the other party an opportunity to do so. If required payment is not made, the SCC shall dismiss the case in whole or in part.

When applying the Expedited Rules, the parties will be given an opportunity to jointly appoint the arbitrator, and if they can’t agree the SCC will make the appointment. The same applies to proceedings under the Arbitration Rules, if a sole arbitrator is appointed.

When applying the SCC Rules, the SCC will appoint the chairperson of the arbitral tribunal.

Respondent

Pays its part of the advance on costs.

SCC

When the advances are paid and the arbitral tribunal is constituted, the SCC refer the case to the arbitral tribunal, for them to continue the proceedings.

Claimant

Submits its statement of claim.

The Arbitral Tribunal

The function of the Arbitral Tribunal is to conduct the arbitration in such manner as it considers appropriate. In all cases the Arbitral Tribunal shall conduct the arbitration in an impartial, practical and expeditious manner, giving each party an equal and reasonable opportunity to present its case.

The Arbitral Tribunal shall promptly after the referral consult with the aprties with a view to establishing a provisional timetable for the conduct of the arbitration.

The parties shall be given time to submit their Statement of Claim (Claimant) and Statement of Defence (Respondent).

The Statement of Claim shall include:

• the specific relief sought;
• the material circumstances on which the Claimant relies; and
• the documents on which the Claimant relies

The Statement of Defence shall include:

• any objections concerning the existence, validity or applicability of the arbitration agreement;
• a statement whether, and to what extent, the Respondent admits or denies the relief sought by the Claimant;
• the material circumstances on which the Respondent relies;
• any counterclaim or set-off and the grounds on which it is based; and
• the documents on which the Respondent relies.

At any time prior to the close of the proceedings, a party may amend or supplement its claim, counterclaim, defence or set-off provided its case is still comprised by the arbitration agreement and unless the Arbitral Tribunal considers it inappropriate having regard to the delay in making it, the prejudice to the other party or any other circumstances.

Respondent

Submits its statement of defence.

Hearings

A hearing shall be held if requested by a party, or if deemed appropriate by the Arbitral Tribunal. The Arbitral Tribunal shall, in consultation with the parties, determine the date, time and location of any hearing.

If a party, without showing good cause, fails to appear at a hearing, the Arbitral Tribunal may proceed with the arbitration and render an award.

Awards and decisions

When applying the SCC Rules, the final award shall be rendered no later than 6 months from the date upon which the case was referred to the Arbitral Tribunal. When applying the Expedited Rules, the final award shall be rendered no later than 3 months from the date upon which the case was referred to the Arbitrator.

The Arbitral Tribunal may decide a separate issue or part of the dispute in a separate award.

An award is final and binding on the parties when rendered. By agreeing to arbitration, the parties undertake to carry out any award without delay.