SCC Spotlight Talk: Simon Arvmyren

You’ve acted as counsel in SCC’s first ever SCC Express case. How was it? What are your main takeaways?  

My experience with SCC Express was positive overall, and I recommend it to others. Here are the main takeaways: 

Evaluation and Recommendation: Considering factors like the dispute's nature and the ongoing relationship, we opted for SCC Express. Both my client and the opposing party embraced this innovative approach. 

Procedural Agreement: Crafting a procedural agreement, particularly on the binding nature of the Neutral's assessment, took longer than expected due to the need for precision and consensus. 

SCC Express Procedure: The procedure was streamlined but not without challenges, such as managing additional submissions. These challenges were addressed successfully through discussion, agreement and the good guidance by the Neutral. 

Evaluation of Neutral's Assessment: The assessment resembled an arbitral award, providing a familiar structure. Its brevity was advantageous for clarity and comprehension. A well-crafted SCC Express assessment balances succinctness with completeness, emphasizing legal analysis while ensuring precision in addressing all aspects of the dispute. I think that it is crucial to ensure that the assessment remains informative and legally sound. 

Do you have any advice for parties that are considering including an SCC Express clause into their agreement?  

For parties considering including an SCC Express clause into their agreement, my advice is straightforward: it's a strategic move with notable benefits, especially for swift and amicable dispute resolutions. While its suitability varies case by case, having it in your contractual toolkit is highly advisable. 

Consider a scenario where parties don't initially have an SCC Express clause: They may only realize its benefits when a dispute arises, by which time entrenched positions can lead to a deadlock. In my case, my client, a supplier under a public procurement contract, had just secured an additional contract with the same authority, indicating a valuable ongoing partnership both parties wanted to preserve. 

Introducing SCC Express offered a viable alternative to lengthy court litigation, potentially lasting 2-3 years. Choosing SCC Express allowed the parties to navigate the impasse professionally and cordially, preserving their relationship and interests without compromising their rights. 

Incorporating an SCC Express clause ensures efficient dispute resolution that respects all parties' interests and maintains their relationships.  

SCC Express is often explained as a service that’s somewhere in between an arbitration and a mediation. Would you say that it's an accurate description?   

SCC Express, often likened to a hybrid of arbitration and mediation, accurately captures its essence. It combines elements from both, offering a unique and efficient dispute resolution method. 

Similar to mediation, SCC Express is cost-effective and fast, aiming to settle disputes without the high expenses and lengthy durations associated with arbitration or court proceedings. Its streamlined procedures prioritize a quicker resolution. 

Moreover, SCC Express fosters a collaborative environment, encouraging parties to have a cooperative approach despite the adversarial nature of disputes. This is essential for preserving ongoing business relationships. 

However, unlike mediation, SCC Express doesn't inherently seek compromise but rather emphasizes justice and having parties' positions heard by a neutral party. 

SCC Express allows for cost-efficient pursuit of justice, offering a reality check for both parties. Parties can use the assessment as a guiding recommendation for further settlement discussions or as a basis for deciding whether to proceed to binding arbitration or litigation.  

What would you say are the advantages of choosing SCC Express over arbitration and/or mediation – if any?  

SCC Express provides a unique combination of the expedited, cost-effective resolution of mediation with the formality and justice-centric approach of arbitration. It offers a streamlined process conducive to preserving business relationships, allowing parties to reach efficient resolutions without the expense and duration of traditional arbitration. Importantly, it provides an opportunity for parties to have their dispute assessed by a neutral party, which can be used as a non-binding recommendation for further negotiations or as a decisive step before arbitration or litigation.