SCC Rules (2017)—emergency arbitration
Produced in partnership with Vinge
SCC Rules (2017)—emergency arbitration

The following Arbitration guidance note Produced in partnership with Vinge provides comprehensive and up to date legal information covering:

  • SCC Rules (2017)—emergency arbitration
  • When to use the emergency arbitrator procedure
  • How to apply for the appointment of an emergency arbitrator
  • The powers of the emergency arbitrator
  • The decision of the emergency arbitrator

This Practice Note concerns emergency arbitration under the 2017 Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) (the 2017 SCC Rules). The 2017 SCC Rules apply to arbitrations commenced on or after 1 January 2017, unless the parties have agreed otherwise.

For guidance on the 2010 SCC Rules, which apply to SCC arbitrations commenced on or after 1 January 2010 (unless the parties agree otherwise), see: SCC arbitration—overview.

In June 2017, the SCC published a Practice Note analysing emergency arbitrator proceedings at the SCC in 2015/16. The article by SCC Legal Counsel Anja Håvedal-Ipp presents an overview of applications for the appointment of an emergency arbitrator during the seven years since the introduction of emergency arbitrator proceeding in the SCC Arbitration Rules and SCC Rules of Expedited Arbitration.

When to use the emergency arbitrator procedure

A party would most likely apply for the appointment of an emergency arbitrator where an immediate remedy is required, for example to protect an asset.

The emergency arbitrator procedure can be a very effective, and comparatively cheap, means of putting urgent pressure on a party. However, the procedure needs to be used carefully. Experience at the SCC has shown that emergency arbitrators will refuse an application unless it can properly be shown that the matter is urgent and that the applicant has