FOREWORD
Expedited arbitration is primarily recommended for minor
disputes where the parties desire a speedy and inexpensive
procedure.
The Rules for Expedited Arbitrations are an alternative to the
Rules of the Arbitration Institute of the Stockholm Chamber of
Commerce (the SCC Rules). Rules concerning the organisation of the
SCC Institute are found in §§ 1-4 in the SCC Rules. The parties
themselves choose which set of rules they wish to apply. The choice
could be made either in an arbitration clause in the contract,
which specifies the relevant rules, or in a separate agreement,
once the dispute has arisen.
The parties may also agree that the Expedited Rules are to apply
where the dispute does not exceed a certain amount or let the SCC
Institute decide which rules should apply taking into account the
complexity of the case.
The Rules for Expedited Arbitrations are similar to the SCC
Rules. The salient features for the Expedited Rules are as
follows.
There is always a sole Arbitrator (Art.12).
In addition to the Statement of Claim and the Statement of
Defence, each of the parties are only allowed to submit one written
statement to the SCC Institute, (including statements of evidence).
The documents must be brief and must be submitted within a period
of ten days (Art. 16).
Oral hearings shall be held only if a party so requests and if
the Arbitrator deems it necessary (Art 21).
The award must be rendered within three months. Reasoned awards
will be given only upon request of a party (Art. 28).
The Arbitrator´s fee and the SCC Institute´s compensation are
based on the amount in dispute fixed in accordance with regulations
issued by the SCC Institute, (Art. 34 and the Regulations for
Arbitration Costs for Expedited Arbitration). Therefore, it is
possible to calculate the costs before the proceedings begin.
I. INITIATION OF PROCEEDINGS
Article 1
Request for Arbitration
Arbitration is initiated by the Claimant filing with the SCC
Institute a Request for Arbitration which shall include:
(i) a statement of the names, addresses, telephone and facsimile
numbers and e-mail addresses of the parties and their counsel;
(ii) a summary of the dispute;
(iii)a preliminary statement of the relief sought by the
Claimant; and
(iv) a copy of the arbitration agreement or clause under which
the dispute is to be settled.
Article 2
Registration Fee
(1) Together with the Request for Arbitration, the Claimant
shall pay a Registration Fee. The amount of the fee is fixed in
accordance with the SCC Institute´s Regulations for Arbitration
Costs for Expedited Arbitrations in force on the date of the
Request for Arbitration.
(2) If the required Registration Fee is not paid when filing the
Request for Arbitration, the SCC Institute will fix a period of
time within which the Claimant must pay such fee.
Article 3
Dismissal
If it is clear that the SCC Institute lacks jurisdiction over
the dispute or if the Registration Fee has not been paid in due
time, the Claimant´s Request for Arbitration shall be
dismissed.
Article 4
Date of Commencement of the Arbitration
The arbitration shall be deemed to have been commenced on the
date on which the Request for Arbitration was received by the SCC
Institute.
Article 5
Procedures of the SCC Institute
The SCC Institute shall maintain the confidentiality of the
arbitration and shall deal with the arbitration in an impartial,
practical and expeditious manner.
Article 6
The respondent´s Reply
(1) The Request for Arbitration shall be communicated by the SCC
Institute to the Respondent. The Respondent shall be asked to
submit a Reply to the SCC Institute. The Reply shall be submitted
within the period of time determined by the SCC Institute and shall
include comments regarding the Request for Arbitration by the
Claimant.
(2) If the Respondent wishes to raise any objection concerning
the validity or applicability of the arbitration agreement, it
shall be contained in the Reply and shall include the reasons
therefore.
(3) If the Respondent wishes to file a counterclaim or a set-off
claim, a statement to that effect shall be made in the Reply and
shall include the nature of the claim and a preliminary statement
of the relief sought. The grounds for any counterclaim and set-off
claim must be based on the arbitration agreement.
(4) The SCC Institute shall communicate the Respondent´s Reply
to the Claimant. The Claimant shall be given an opportunity to
comment on any objections and pleas advanced by the Respondent.
(5) Failure by the Respondent to submit a Reply shall not
prevent the arbitration from proceeding pursuant to these
Rules.
Article 7
Amplification and Periods of Time
(1) The SCC Institute may request a party to expound upon any
written comments to the SCC Institute. If the Claimant fails to
comply with such a request, the SCC Institute may decide to dismiss
the case. If the Respondent fails to comply with a request to
expound upon a counterclaim, the counterclaim may be dismissed by
the SCC Institute. Failure by the Respondent otherwise to comply
with a request to expound upon a written statement shall not
prevent the arbitral proceedings from continuing.
(2) The SCC Institute may extend any relevant period of time
according to the requirements of each case.
Article 8
Notice
(1) Any notice or other communication from the SCC Institute
shall be delivered to the last known address of the addressee.
(2) Any notice or other communication shall be delivered by
courier or registered mail, facsimile transmission, e-mail or by
any other means of communication that provides a record of the
sending thereof.
(3) A notice or communication sent in accordance with paragraph
two shall be deemed to have been received, by the addressee, at the
latest on the date it would normally have been received given the
chosen means of communication.
Article 9
Appointment of Arbitrator and Place of Arbitration
When the exchange of written submissions pursuant to Articles 1
- 7 has been concluded, the SCC Institute shall:
(i) appoint an Arbitrator, if not agreed upon by the
parties;
(ii) decide the Place of Arbitration, if not agreed upon by the
parties; and
(iii) fix the Advance on Costs pursuant to Article 10.
Article 10
Advance on Costs
(1)The Advance on Costs shall be equivalent to the estimated
amount of the Arbitration Costs pursuant to Article 34.
(2) Each party shall contribute half of the Advance on Costs.
The SCC Institute may fix separate amounts for counterclaims and
set-off claims. After notification by the Arbitrator, the SCC
Institute may, in the course of the proceedings, decide that
additional amounts are to be paid.
(3) If a party fails to make a required payment, the SCC
Institute shall afford the other party an opportunity to do so
within a specified period of time. If the required payment is not
made, the case shall be dismissed either wholly or partly to such
extent as is attributable to the missing payment.
(4) The SCC Institute may during or after the proceedings draw
on the Advance on Costs to cover the fee of the Arbitrator and
other arbitration costs.
(5) The SCC Institute may decide that the Advance on Costs may
partly consists of a bank guarantee or other form of security.
Article 11
Referral of a Case to the Arbitrator
When the Arbitrator has been appointed and the Advance on Costs
has been paid, the SCC Institute shall refer the case to the
Arbitrator.
THE ARBITRATOR
Article 12
Appointment of the Arbitrator
(1) The arbitral tribunal shall consist of a sole Arbitrator who
shall be appointed by the SCC Institute, unless otherwise agreed by
the parties.
(2) If the Arbitrator dies, resigns or is removed, the SCC
Institute shall appoint another Arbitrator.
(3) If the parties are of different nationalities the SCC
Institute shall appoint an Arbitrator of a nationality other than
of the parties, unless the parties have agreed differently or if
otherwise deemed appropriate by the SCC Institute.
Article 13
Impartiality and Independence and Duty of the Arbitrator to
Disclose
(1) An arbitrator must be impartial and independent.
(2) A person asked to accept an appointment as arbitrator must
disclose any circumstances likely to give rise to justifiable
doubts as to his impartiality and independence. If he is
nevertheless appointed, he shall immediately, in a written
statement, make the same disclosure to the parties.
(3) An arbitrator who in the course of the arbitral proceedings,
becomes aware of any circumstances which may disqualify him, must
immediately, in writing, inform the parties thereof.
Article 14
Challenge of the Arbitrator
(1) Where a party wishes to challenge the Arbitrator that party
shall send a written statement to the SCC Institute, setting forth
the reasons for the challenge.
(2) Notification of a challenge must be made within 15 days as
from the date on which the allegedly disqualifying circumstance
became known to the party. Failure by a party to notify the SCC
Institute of a challenge within the stipulated period of time will
be considered a waiver of the right to initiate such a
challenge.
(3) The SCC Institute shall provide the parties and the
Arbitrator an opportunity to comment on the challenge.
(4) The SCC Institute shall take the final decision on the
challenge. If the SCC Institute finds that an arbitrator is
disqualified, it shall remove the arbitrator.
Article 15
Removal of the Arbitrator
(1) Where the Arbitrator is prevented from de facto fulfilling
his duties or fails to perform his functions in an adequate manner,
the SCC Institute shall remove the Arbitrator.
(2) Before removing the Arbitrator, the SCC Institute shall
solicit the views of the parties and the Arbitrator.
THE PROCEEDINGS BEFORE THE ARBITRATOR
Article 16
The Procedure Before the Arbitrator
(1) The manner of conducting the proceedings is to be determined
by the Arbitrator in compliance with the conditions set down in the
arbitration agreement and these Rules, with due account taken to
the wishes of the parties.
(2) The Arbitrator shall ensure the confidentiality of the
arbitration and conduct each case in an impartial, practical and
expeditious manner, giving each party sufficient opportunity to
present its case. The parties must seek to limit the scope of the
case.
(3) The Arbitrator may, after consultation with the parties,
decide to conduct hearings at a location other than the Place of
Arbitration.
(4) The Arbitrator shall prepare and distribute to the parties a
time schedule for the proceedings.
(5) The following shall apply to the proceedings, unless the
Arbitrator, for special reasons, decides otherwise.
(i) In addition to the Statement of Claim and the Statement of
Defence, the parties each may only submit one written statement,
including statements of evidence;
(ii) the statements must be brief; and
(iii) the time limits within which the documents shall be
submitted may not exceed ten working days.
(6) The Arbitrator may order a party to finally state his claims
for relief and the facts relied on as grounds thereof, and the
evidence on which the party relies. At the expiration of the time
period for such statement, the party may not amend his claim for
relief nor adduce additional facts or evidence, unless the
Arbitrator, for special reasons, so permits.
(7) Article 8 shall apply with respect to communication from the
Arbitrator.
Article 17
Statement of Claim and Defence
(1) The Claimant shall, within the period of time determined by
the Arbitrator, submit a Statement of Claim which, unless
previously provided in the case, shall include:
(i) the specific relief sought;
(ii) the material facts and circumstances on which the Claimant
relies; and
(iii) a preliminary statement of the evidence on which the
Claimant intends to rely.
(2) The Respondent shall, within the period of time determined
by the Arbitrator, submit a Statement of Defence, which, unless
previously provided in the case, shall include:
(i) a statement as to whether and to what extent the Respondent
accepts or opposes the relief sought by the Claimant;
(ii) the material facts and circumstances on which the
Respondent relies;
(iii) any counterclaim or set-off claim and the grounds on which
it is based;
(iv) a preliminary statement of the evidence on which the
Respondent intends to rely.
(3) The Arbitrator may determine that the parties are to submit
additional written statements.
Article 18
Amendments to Claim or Defence
(1) A party may amend his claim or defence in the course of the
proceedings if his case, as amended, is still comprised by the
arbitration agreement, unless the Arbitrator considers it
inappropriate having regard to the point of time at which the
amendments is requested, the prejudice that may be caused to the
other party or other circumstances.
(2) The provisions of Article 6 shall not preclude the preceding
paragraph from being applied with respect to the right of a party
to introduce a counterclaim or a set-off claim.
Article 19
Language
Unless the parties have agreed in the arbitration agreement on
the language or languages to be used in the proceedings, the
Arbitrator shall, after consultation with the parties, make such
decision.
Article 20
Applicable law
(1) The Arbitrator shall decide the merits of the dispute on the
basis of the law or rules of law agreed by the parties. In the
absence of such an agreement, the Arbitrator shall apply the law or
rules of law which the Arbitrator considers to be most
appropriate.
(2) Any designation made by the parties of the law of given
state shall be construed as directly referring to the substantive
law of that state and not to its conflict of law rules.
(3) The Arbitrator shall decide the dispute ex aequo et bono or
as amiable compositeur only if the parties have expressly
authorized the Arbitrator to do so.
Article 21
Oral Hearing
An oral hearing shall be arranged only if requested by either
party and if the Arbitrator deems it necessary. If a hearing is
held the Arbitrator, taking into account the wishes of the parties,
shall determine the time for the hearing, its duration and how is
to be organised, including the manner in which evidence is to be
presented.
Article 22
Evidence
(1) At the request of the Arbitrator, the parties shall state
the evidence on which they intend to rely, specifying what they
intend to prove with each item of evidence, and shall present
documentary evidence on which they rely.
(2) The Arbitrator may refuse to accept evidence submitted to
him if such evidence is considered to be irrelevant, non-essential
or if proof can be established by other means which the Arbitrator
considers more convenient or less expensive.
Article 23
Expert
(1) Unless otherwise agreed by the parties, the Arbitrator may
appoint one or more experts to report to the Arbitrator on a
specific issue.
(2) At the request of a party, the parties shall be given the
opportunity to put questions to any such expert.
Article 24
Failure of a Party to Appear
If any of the parties fails, without showing valid cause, fails
to appear at a hearing or otherwise to comply with an order of the
Arbitrator, such failure shall not prevent the Arbitrator from
proceeding with the case nor from rendering an award.
Article 25
Failure to Object to Procedural Irregularities
A party, who during the proceedings fails to object within a
reasonable time to any deviation from provisions of the arbitration
agreement, these Rules or other rules applicable to the
proceedings, shall be deemed to have waived his right to rely on
such irregularity.
Article 26
Interim Measures
(1) Unless the parties have agreed otherwise, the Arbitrator
may, during the course of the proceedings and at the request of a
party, order a specific performance by the opposing party for the
purpose of securing the claim which is to be tried by the
Arbitrator. The Arbitrator may order the requesting party to
provide reasonable security for damage which may be inflicted on
the opposing party as a result of the specific performance in
question.
(2) A request addressed by a party to a judicial authority for
interim measures shall not be deemed to be incompatible with the
arbitration agreement or these Rules.
THE AWARD
Article 27
Award
(1) The award shall be deemed to have been rendered at the Place
of Arbitration. The award shall be signed by the Arbitrator. It
shall state the date on which it was rendered. In addition to
information about the parties and the Arbitrator, it shall contain
an order or declaration. The Award shall also in brief include the
relief claimed by the parties together with supporting statements.
A party may request a reasoned award no later than at the closing
statement.
(2) If a settlement is reached, the Arbitrator may, at the
request of the parties, record the settlement in the form of an
Award.
(3) The Arbitration Costs, in accordance with Article 34, and
its apportionment between the parties shall be fixed in the Award
or other order by which the arbitral proceedings are terminated. An
award may be rendered solely for costs.
(4) The Arbitrator shall immediately send the Award to the
parties.
Article 28
Time for Rendering an Award
An award shall be rendered not later than three months as from
the dated when the case was referred to the Arbitrator. The SCC
Institute may extend the period of time for rendering an Award.
Article 29
Separate Award
(1) At the request of a party, a separate issue or part of the
matter in dispute may be decided by a Separate Award.
(2) Where a party has partially admitted a claim, separate
award, based on such admission may be rendered.
Article 30
Right to Request an Award
(1) If a party withdraws a claim, the Arbitrator shall dismiss
such part of the dispute, unless the other party requests the
Arbitrator to rule on the claim.
(2) If a party, who has not paid an Advance on Costs, requests
the Arbitrator to rule on a withdrawn claim, the SCC Institute may,
as a condition for such ruling, order the requesting party to pay
an Advance on Costs.
Article 31
Final and Binding Award
When rendered an Award is final and binding for the parties.
Article 32
Correction of an Award and Additional Award
(1) Any obvious miscalculation or clerical error in an Award or
Decision shall be corrected by the Arbitrator.
(2) Within 30 days of receiving the Award, the Arbitrator shall,
if a party so requests, decide a question which should have been
decided in the Award but which was not decided therein.
(3) Within 30 days of receiving the Award, the Arbitrator may,
if a party so requests, provide an interpretation thereof in
writing.
(4) Before the Arbitrator takes any action in accordance with
the second and third paragraphs, the views of the parties shall be
solicited.
Article 33
Filing of Awards
An Arbitrator shall, after the close of the proceedings, submit
to the SCC Institute one copy of every Award and written order
issued in the case, as well as of all the recorded minutes therein.
The above mentioned documents shall be kept on file by the SCC
Institute.
COST
Article 34
Arbitration Costs
(1) The Arbitration Costs consists of
(i) the Arbitrator´s fee
(ii) the Administrative Fee to the SCC Institute
(iii) compensation due to the Arbitrator and the SCC Institute
to cover their expenses during the proceedings.
(iv) the fees and expenses of any expert appointed by the
Arbitrator pursuant to Article 23.
(2) Amounts referred to in sections (i) through (iii) above
shall be finally fixed by the SCC Institute in accordance with the
Regulations for Arbitration Costs for Expedited Arbitrations in
force at the time of the commencement of the arbitration. The
amounts in section (iv) shall be finally fixed by the
Arbitrator.
Article 35
Payment of Arbitration Costs
(1) The parties are jointly and severally liable for all
payments of all costs mentioned in Article 34.
(2) The Arbitrator decides on the apportionment of the
arbitration costs as between the parties with regard to the outcome
of the case and other circumstances.
Article 36
Costs Incurred by a Party
Unless the parties have agreed otherwise, the Arbitrator may, at
the request of a party, in an Award or other order by which the
arbitral proceedings are terminated order the losing party to
compensate the other party for legal representation and other
expenses for presenting its´ case.
EXCLUSION OF LIABILITY
Article 37
Exclusion of Liability
The SCC Institute is not liable to any party for any act or
omission in connection with the arbitration unless such act or
omission is shown to constitute wilful misconduct or gross
negligence by the SCC Institute. The Arbitrator is liable only if
shown to have caused damage by wilful conduct or gross
negligence.
EFFECTIVENESS
These Rules enter into force on 1 April 1999 and will replace
the former Rules for Expedited Arbitrations. These Rules will be
applied to any arbitration commenced on or after this date, unless
otherwise agreed by the parties.
APPENDIX
REGULATIONS FOR ARBITRATION COSTS FOR EXPEDITED ARBITRATIONS
I. Registration Fee
The Registration Fee in Article 2 of the Rules for Expedited
Arbitrations (hereinafter referred to as "the Rules") is EUR
500.
The Registration Fee is non-refundable and shall constitute a
part of the Administrative Fee due to the SCC Institute under
Section III, Article 2 below and shall be deducted from the Advance
on Costs to be paid by the Claimant pursuant to Article 10 of the
Rules.
II. Advance on Costs
According to Article 9 of the Rules, the SCC Institute shall fix
an amount which, together with the accrued interest, shall
constitute an advance on the Arbitration Costs. The amount shall
cover the estimated Arbitration Costs pursuant to Article 34 of the
Rules and, if required, value added tax. Amounts referred to in the
first paragraph, sections (i) through (iii), in Article 34 of the
Rules are to be determined pursuant to these Regulations.
III. Arbitration Costs
Article 1 Arbitrator´s Fees
(1) Unless otherwise agreed by the parties, the SCC Institute
shall decide the fee of the Arbitrator in accordance with the table
below, based on the amount in dispute. If so required by law, value
added tax shall be added to such fee.
(2) For the purpose of calculating the amount in dispute, the
value of any counterclaim or set-off claim is to be added to the
amount of the claim with the exception of interest claims. Where
the amount in dispute is not specified, the SCC Institute will fix
the fee on the basis of an assessment of the size of the case. Each
party must provide the SCC Institute with the information deemed
necessary for such assessment.
(3) If a case has required substantially more or less work than
is considered normal, the SCC Institute may deviate from the
amounts stated in the table.
Amount in dispute (EUR)
|
Fee to the Arbitrator (EUR)
|
up to 25 000
|
2 500
|
from 25 001 to 50 000
|
2 500 + 2% of the amount above 25 000
|
from 50 001 to 100 000
|
3 000 + 2% of the amount above 50 000
|
from 100 001 to 500 000
|
4 000 + 1% of the amount above 100 000
|
from 500 001 to 1 000 000
|
8 000 + 0,8% of the amount above 500 000
|
from 1 000 001 to 2 000 000
|
12 000 + 0,5% of the amount above 1 000 000
|
from 2 000 001 to 5 000 000
|
17 000 + 0,2% of the amount above 2 000 000
|
from 5 000 001 to 10 000 000
|
23 000 + 0,1% of the amount above 5 000 000
|
from 10 000 001 to 50 000 000
|
28 000 + 0,03% of the amount above 10 000
000
|
from 50 000 001 to 75 000 000
|
40 000 + 0,02% of the amount above 50 000
000
|
from 75 000 001
|
45 000 + 0,012% of the amount above 75 000
000
|
Article 2 Administrative Fee of the SCC Institute
(1) The SCC Institute shall decide the Administrative Fee due to
it. The decision is based on the amount in dispute in accordance
with the table below. If so required by law, value added tax shall
be added to the Administrative Fee.
(2) For the purpose of calculating the amount in dispute, the
value of any counterclaim or set-off claim is to be added to the
amount of the claim, with the exemption of interest claims. Where
the amount in dispute is not specified, the SCC Institute will fix
the Administrative Fee on the basis of an assessment of the size of
the case. Each party must provide the SCC Institute with the
information deemed necessary to such assessment.
(3) If a case has required substantially more or less work than
is considered normal, the SCC Institute may eviate from the amounts
stated in table.
Amount in dispute (EUR)
|
Administrative Fee (EUR)
|
up to 25 000
|
500
|
from 25 001 to 50 000
|
500 + 3,2% of the amount above 25 000
|
from 50 001 to 100 000
|
1 300 + 1% of the amount above 50 000
|
from 100 001 to 500 000
|
1 800 + 0,5% of the amount above 100 000
|
from 500 001 to 1 000 000
|
3 800 + 0,5% of the amount above 500 000
|
from 1 000 001 to 2 000 000
|
6 300 + 0,2% of the amount above 1 000 000
|
from 2 000 001 to 5 000 000
|
8 300 + 0,1% of the amount above 2 000 000
|
from 5 000 001 to 10 000 000
|
11 300 + 0,06% of the amount above 5 000
000
|
from 10 000 001
|
14 300 + 0,01% of the amount above 10 000
000
|
| |
Maximum 30 000
|
Article 3 Expenses
In addition to the fee to the Arbitrator and the Administrative
Fee to the SCC Institute, the SCC Institute shall fix an amount to
be provided by the parties, to cover reasonable expenses for the
Arbitrator and the SCC Institute.
IV. Effectiveness
These Regulations enter into force on 1 April 1999 and will
replace the former Regulations. The Regulations will be applied to
any arbitration commenced on this date or thereafter.