Drafting contracts is an important part of business relationships, and choosing the right dispute resolution method in the contract is both strategically and financially smart. In some situations, it is also particularly important to be able to predict both cost and time. That's why we offer SCC Express Dispute Assessment, a dispute resolution service where a legal expert assesses the dispute within three weeks at a fixed price.
The aim of the SCC is to promote trade between companies. We do this by helping companies spend as little time as possible on dispute resolution, allowing them to spend more time on their core business.
SCC Express Dispute Assessment – SCC Express – is a service primarily aimed at parties with an ongoing contract. The priority is on the business relationship and the parties have a legal dispute they want to resolve quickly and at a fixed price. The service can also be used by parties who want to test their legal position before a settlement discussion or a decision to initiate legal proceedings through arbitration or in court.
What is SCC Express?
SCC Express Dispute Assessment is a consent-based and confidential dispute resolution process. The contracting parties may jointly decide to choose SCC Express as the dispute resolution method, either when the contract is written or when the dispute arises. The SCC appoints a neutral legal expert* to give their opinion on the merits of the case within three weeks. The cost is EUR 29,000.
This assessment is neither enforceable nor binding on the parties, unless they have specifically agreed to this. The main purpose of the service is to help the parties move forward in their contractual relationship.
The process for dispute resolution services has been set out in the SCC Rules for Express Dispute Assessment.
When is an SCC Express Dispute Assessment appropriate?
When two contracting parties:
have a good ongoing business relationship.
value being able to work quickly on a joint project.
are looking for a timely and cost-effective dispute resolution process.
are likely to accept the assessment without an enforceable judgment.
want to get an idea of how an issue in dispute would be assessed in a full-scale arbitration.
How dispute resolution works
1. The SCC receives a request to appoint an expert for Express Dispute Assessment.
One of the disputing parties contacts the SCC and: – pays the administration fee of EUR 4,000 – informs us of the identity of the disputing parties – describes the dispute and the issue(s) to be assessed.
2. Confirmation from the other party.
Once the SCC has received the request, we will contact the other party to give them the opportunity to respond and give their consent to the process (if this has not already been confirmed in the request).
3. Payment of the remaining fee.
Once the other party’s consent is confirmed, the remaining fee of EUR 25,000 must be paid, if it has not already been paid in connection with the request.
4. The SCC appoints a neutral legal expert.
The SCC will then appoint a neutral legal expert within 48 hours and refer the case to them.
5. The parties present their positions.
The neutral legal expert will guide the parties through the dispute resolution process. In order to communicate securely and confidentially and to share submissions and other documents easily, the parties have access to the digital case management tool SCC Platform.
The neutral legal expert or either party can raise the question of whether the outcome of their SCC Express Dispute Assessment should be made binding on the parties.
6. The expert makes an assessment.
After three weeks, the legal expert delivers a written assessment to the parties, including a summary of the expert’s conclusions on the issue in dispute.
*the neutral legal expert is referred to as “the Neutral” in the SCC Rules for Express Dispute Assessment.
How does SCC Express differ from the other SCC procedures?
The main difference between SCC Express and the SCC Arbitration Institute’s other procedures is that the former dispute resolution method is much faster. It should be noted, however, that an assessment obtained through SCC Express does not have legal force, i.e. it cannot be enforced by, for example, the Swedish Enforcement Authority. However, the parties can agree that an assessment obtained through SCC Express will be contractually binding between the parties.
How do the parties proceed if they want the outcome of the SCC Express to be binding?
The parties may agree that an assessment obtained through SCC Express shall be contractually binding between the parties. The parties can achieve this by stating in their agreement regarding SCC Express that the Neutral’s assessment shall be contractually binding between the parties.
In which cases is an application for SCC Express suitable? When should the SCC Express be chosen over, for example, an application for interim arbitration?
SCC Express as a dispute resolution method requires that the parties agree to obtain an SCC Express assessment. It will be difficult to enforce a procedure under the SCC Express rules if the parties do not agree at the time of obtaining such an assessment.
SCC Express is particularly suitable for resolving disputes that may arise under specific contractual provisions, especially where such issues may arise regularly and where the parties want to avoid dragging the issues out. The dispute resolution method in question is also generally suitable for longer contracts of various kinds, such as co-operation agreements concerning joint ventures or the relationship between shareholders, where individual contractual mechanisms can be expected to give rise to issues on an ongoing basis.
The SCC Express is a fast method of dispute resolution. However, the process is not as fast as the use of an interim arbitrator. If it is important to get a decision within a very short time, an emergency arbitrator should be used.