SCC Rules (2023)—starting an arbitration and the Request for Arbitration
Published by a LexisNexis Arbitration expert
Practice notesSCC Rules (2023)—starting an arbitration and the Request for Arbitration
Published by a LexisNexis Arbitration expert
Practice notes
This Practice Note concerns starting an arbitration under 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.
Considerations before filing a Request for Arbitration
Pre-arbitration considerations
The decision to start arbitration proceedings must be considered carefully. An arbitration constitutes a considerable investment in both money and time and prospective claimants are therefore advised to consider the issues carefully before they submit a request for arbitration.
Relevant issues include the following:
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has the claimant exhausted relevant pre-arbitration settlement opportunities?
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does the claimant have good prospects of success? This often includes an analysis of both legal and factual issues. Do the relevant contractual and legal provisions support the claimant’s case? Does the documentary and witness evidence support the claimant’s case?
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how much is the arbitration likely to cost? This is often an almost impossible question for counsel to answer at the start of a case but it is
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