SCC Rules (2023)—arbitration procedure

Published by a LexisNexis Arbitration expert
Practice notes

SCC Rules (2023)—arbitration procedure

Published by a LexisNexis Arbitration expert

Practice notes
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This Practice Note concerns arbitration procedure pursuant to the 2023 Arbitration Rules of the Stockholm Chamber of Commerce (SCC) Arbitration Institute (the 2023 SCC Rules). The 2023 SCC Rules apply to SCC arbitrations commenced on or after 1 January 2023, unless the parties agree otherwise.

Determining the law that governs the procedure

The seat

The seat of arbitration determines the legal seat or lex arbitri, which means the national arbitration law that governs the arbitration proceeding (in addition to the SCC Rules).

SCC arbitrations are most often seated in Sweden. However, the parties are free to agree on a seat anywhere in the world. The SCC Rules are specifically compatible with the Swedish Arbitration Act (the SAA). It is relevant to note that Swedish courts will not intrude on the parties’ party autonomy, but only safeguard principles such as due process, upon request of one of the parties.

Absent an agreement between the parties as regards the seat of arbitration, the Board will determine the seat (2023 SCC Rules, art 25(1); 2023 SCC Expedited Rules, art 26(1)). It is common

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