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Stockholm Chamber of Commerce Procedures and Services under the UNCITRAL Arbitration Rules

  • Adopted by the Stockholm Chamber of Commerce and in force as of 1 April 1999

    SERVICES AS APPOINTING AUTHORITY

    Article 1

    Appointment of Sole or Presiding Arbitrator

    When requested to appoint a sole or presiding arbitrator under the UNCITRAL Arbitration Rules (the Rules), the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute) will follow the list procedure set forth in Article 6:3 of the Rules unless all parties agree that the list procedure is not appropriate for the case.

    In selecting arbitrators, the SCC Institute will carefully consider the nature of the case, as described in the Notice of the Arbitration, in order to include in the list persons who are not only experienced in international arbitration but also familiar with the technical and commercial aspects of the matter.

    When appointing a sole or presiding arbitrator under the Rules, the SCC Institute will, in so far as possible, designate a person of a nationality other than the nationalities of the parties, unless otherwise agreed by the parties.

    Article 2

    Appointment of a "Second" Arbitrator in Three-Arbitrator Cases

    Under Article 7 of the Rules, when three arbitrators are to be appointed, each party is to appoint one arbitrator, but if a party fails to do so, the other party may request that the appointment of the second arbitrator be made by the appointing authority.

    In accordance with the Rules, the SCC Institute, when appointing a second arbitrator, will exercise its discretion and will not utilize the list procedure. Such second arbitrator shall be impartial and independent of either party.

    Article 3

    Decisions on Challenges to Arbitrators

    Under Article 10 of the Rules, all arbitrators - including those appointed by a party - are required to be impartial and independent. Article 10 provides that any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence.

    Article 12 of the Rules requires that all contested challenges be decided by the appointing authority. When deciding challenges at the request of any party, the SCC Institute will do so through its Board.

    Article 4

    Appointment of Substitute Arbitrators

    The Rules provide that the appointing authority shall appoint a substitute arbitrator if an arbitrator dies or resigns during an arbitration proceeding, or if a challenge against him is sustained (Articles 12(2) and 13). In such cases, the SCC Institute will appoint a substitute arbitrator in accordance with Articles 1 and 2 above.

    Article 5

    Consultation of Fees of Arbitrators and Deposits of Costs

    The Rules provide that the fees of the arbitrators shall be reasonable in amount, taking into consideration the amount in dispute, the complexity of the subject matter, the time spent by the arbitrators, and any other relevant circumstances of the case (Article 39(1)). The Rules provide that the parties may request the appointing authority to provide to the arbitrators and parties a statement setting forth the basis for establishing fees that is customarily followed in cases in which the appointing authority acts (Article 39(3)).

    The SCC Institute has a Regulation for Costs of Arbitration and will, at the request of any party, furnish a statement concerning fees based on this regulation and the SCC Institute's experience in administering arbitration cases.

    Further, at the request of any party, the SCC Institute will make any comments it deems appropriate to the arbitral tribunal concerning the amount of any deposits or supplementary deposits to be made under Article 41 of the Rules.

    In addition to giving advice as to the amount of deposits as provided for in Article 41 of the Rules, the SCC Institute upon request of one of the parties or of the arbitral tribunal is prepared to hold deposits and to render an account thereof to the arbitral tribunal.

    ADMINISTRATIVE SERVICES

    Upon request of the parties or the arbitral tribunal, the SCC Institute will provide the following administrative services:

    Providing, or arranging for, meeting rooms for hearings or deliberations of the arbitral tribunal.

    Providing secretarial or clerical assistance.

    Forwarding of written communications of a party or the arbitrators.

    Arranging for stenographic transcripts of hearings.

    Arranging for services of interpreters at hearings.

    Upon request, the SCC Institute will consider providing other appropriate administrative services.

    COSTS CHARGED BY THE SCC INSTITUTE FOR SERVICES RENDERED AS APPOINTING AUTHORITY

    For its services as appointing authority under the UNCITRAL Arbitration Rules the SCC Institute will charge the requesting party a fixed amount for EUR 1,000. Such fee shall be paid when the request is submitted to the SCC Institute.

    If the fee is not provided together with the request, the SCC Institute shall fix a period of time within which the party must pay the same.

    If the fee has not been provided within the time fixed by the SCC Institute, the request shall be dismissed.

    The costs for administrative services and other costs of the SCC Institute which may occur in connection with its services on consultation on fees and deposits will be billed separately on cost basis.