SCC arbitration

The Stockholm Chamber of Commerce (SCC) Arbitration Institute

The Stockholm Chamber of Commerce (SCC) Arbitration Institute is part of, but independent from, the Stockholm Chamber of Commerce. The SCC was established in 1917 and is considered one of Europe’s leading arbitral institutions. For more information on the background to and structure of the institution, see Practice

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England and Wales—functus officio revisited: arbitral correction decisions as evidence in section 68 AA 1996 challenges (Seacrest v BCP)

Arbitration analysis: What is the status of an arbitral tribunal’s decision refusing to correct an award? The court considered this question in the context of an application to set aside an award on grounds of serious irregularity under section 68 of the Arbitration Act 1996 (AA 1996). The claimant, Seacrest Group Ltd (‘Seacrest’), argued that the tribunal had infringed due process in its award in an arbitration between Seacrest and the defendants, BCPR PTE Ltd and Bangchak Corporation Public Company Ltd (together ‘BCP’), by failing to address a submission made by Seacrest for the first time in its written closing—and had then erred again in refusing to correct this aspect of the award. Seacrest argued that the court could not take account of the yribunal’s comments in the correction decision to the effect that, even if it had considered the late submission, this would not have changed the award. The court disagreed. It held that the correction decision, reached under article 38 of the UNCITRAL Arbitration Rules (2021), was admissible evidence on which the court could base a conclusion that Seacrest had not suffered a substantial injustice. The court thus took the correction decision into account in finding that Seacrest’s new point would in any event have been rejected by the tribunal. Written by Natasha Peter, partner at Trinity International and barrister at Cornerstone Barristers.

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