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.