Adopted by the Stockholm Chamber of Commerce and in force
as of 1 April 1999
I. ORGANISATION OF THE SCC INSTITUTE
Article 1 The SCC Institute
The Arbitration Institute of the Stockholm Chamber of Commerce
(hereinafter referred to as "the SCC Institute") is a body for
dealing with matters of dispute resolution. The SCC Institute is
part of but independent from the Stockholm Chamber of Commerce. The
SCC Institute does not itself settle disputes. Its objectives
are:
to assist in the settlement of domestic and international
disputes in accordance with the Rules of the Arbitration Institute
of the Stockholm Chamber of Commerce (hereinafter referred to as
"the SCC Rules");
to assist in the settlement of disputes in accordance with other
rules which have been adopted by the SCC
Institute1);
to assist, as determined by the SCC Institute, in proceedings
which are conducted in a manner which differs, either in part or in
whole, from that anticipated by the SCC rules,
to provide guidelines concerning settlement of disputes under
the SCC Institute´s rules; and
to provide information concerning arbitration and mediation
matters.
Article 2 The Board
(1) The SCC Institute shall have a Board composed of six members
who shall be appointed for a period of three years by the Board of
Directors of the Chamber. The Board of Directors of the Chamber
shall appoint a Chairman and a Vice Chairman from among the members
of the Board of the SCC Institute. The Chairman and the Vice
Chairman shall be lawyers.
(2) The Board of Directors of the Chamber may, if there are
extraordinary reasons for doing so, remove a member of the Board of
the SCC Institute. If a member resigns or is removed during his
term of office, the Board of Directors of the Chamber will appoint
a new member for the remainder of his term.
Article 3 Decisions by the Board
Two members of the Board shall form a quorum. If no majority is
attained, the Chairman shall cast the deciding vote. The Chairman
or the Vice Chairman shall have the power to take decisions on
behalf of the Board in urgent matters. Decisions of the Board are
final and cannot be reviewed by the Chamber.
Article 4 The Secretariat
The SCC Institute shall have a Secretariat under the direction
of a Secretary General who shall be a lawyer.
II. ARBITRATION RULES OF THE SCC INSTITUTE
INITIATION OF PROCEEDINGS
Article 5 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;
(iv) a copy of the arbitration agreement or clause under which
the dispute is to be settled; and
(v) if applicable, a statement identifying the arbitrator
appointed by the Claimant, including such arbitrator's address,
telephone and facsimile numbers and e-mail address.
Article 6 Registration Fee
(1) At the same time as the Request for Arbitration is filed,
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 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 7 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 8 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 9 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 10 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:
(i) comments regarding the Request for Arbitration by the
Claimant; and
(ii) if applicable, a statement identifying the arbitrator
appointed by the Respondent, including such arbitrator's address,
telephone and facsimile numbers and e-mail address.
(2) If the Respondent wishes to raise any objection concerning
the validity or applicability of the arbitration agreement, such
objection shall be made in the Reply together with the grounds
therefore.
(3) If the Respondent wishes to file a counterclaim or a set-off
claim, a statement to that effect should be made in the Reply and
should include the nature of the claim and a preliminary statement
of the relief sought. The grounds for any counterclaim or 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 11 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) If the SCC Institute has requested a party to perform any
act within a specified period of time, such period of time may be
extended by the SCC Institute.
Article 12 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 13 Appointment of Arbitrators and Place of
Arbitration
When the exchange of written submissions pursuant to Articles 5
- 11 has been concluded, the SCC Institute shall
(i) decide the number of arbitrators, if not agreed by the
parties;
(ii) when so required pursuant to Article 16, appoint a sole
arbitrator or chairman of the Arbitral Tribunal and, if necessary,
a co-arbitrator;
(iii) decide the Place of Arbitration, if not agreed upon by the
parties; and
(iv) fix the Advance on Costs pursuant to Article 14.
Article 14 Advance on Costs
(1) The Advance on Costs shall be equivalent to the estimated
amount of the Arbitration Costs pursuant to Article 39.
(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 Arbitral Tribunal, 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 fees of the arbitrator(s) and
other arbitration costs.
(5) The SCC Institute may decide that the Advance on Costs may
partly consist of a bank guarantee or other form of security.
Article 15 Referral of a Case to the Arbitral Tribunal
When the Arbitral Tribunal has been appointed and the Advance on
Costs has been paid, the SCC Institute shall refer the case to the
Arbitral Tribunal.
COMPOSITION OF ARBITRAL TRIBUNALS
Article 16 Number of Arbitrators and Manner of their
Appointment
(1) The parties are free to determine the number of arbitrators.
Where the parties have not agreed on the number of arbitrators, the
Arbitral Tribunal shall consist of three arbitrators, unless the
SCC Institute, taking into account, inter alia, the complexity of
the case, the amount in dispute and other circumstances, decides
that the dispute is to be settled by a sole arbitrator.
(2) Where the Arbitral Tribunal shall consist of more than one
arbitrator, each party shall appoint an equal number of
arbitrators. Where a party fails to appoint an arbitrator within
the period of time stipulated by the SCC Institute, the SCC
Institute shall make the appointment, unless otherwise agreed by
the parties.
(3) Where there are multiple parties on either side and the
dispute is to be decided by more than one arbitrator, the multiple
Claimants, jointly, and the multiple Respondents, jointly, shall
appoint an equal number of arbitrators. If either side fails to
make such joint appointment, the SCC Institute shall make the
appointment for that side. If the circumstances so warrant the SCC
Institute may appoint the entire Arbitral Tribunal, unless
otherwise agreed by the parties.
(4) Where the Arbitral Tribunal is to consist of more than one
arbitrator, the Chairman shall be appointed by the SCC Institute,
unless otherwise agreed by the parties.
(5) Where the dispute is to be decided by a sole arbitrator, the
SCC Institute shall make the appointment, unless otherwise agreed
by the parties.
(6) Where an arbitrator appointed by a party dies, the party in
question shall appoint another arbitrator. Where an arbitrator
appointed by the SCC Institute dies, the SCC Institute shall
appoint another arbitrator.
(7) Where an arbitrator resigns or is removed, the SCC Institute
shall appoint another arbitrator. If the arbitrator had been
appointed by a party, the SCC Institute shall solicit the views of
the appointing party. Where the Arbitral Tribunal consists of three
or more arbitrators, the SCC Institute may decide that the
remaining arbitrators shall proceed with the case. Prior to making
such a decision, the views of the parties and the arbitrators shall
be solicited.
(8) If the parties are of different nationalities the SCC
Institute shall appoint a sole arbitrator or a Chairman of a
nationality other than of the parties, unless the parties have
agreed differently or if otherwise deemed appropriate by the SCC
Institute.
Article 17 Impartiality and Independence and Duty of an
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 and the other
arbitrators.
(3) An arbitrator who becomes aware of any circumstances which
may disqualify him, must immediately, in writing, inform the
parties and the other arbitrators thereof.
Article 18 Challenge of Arbitrator
(1) Where a party wishes to challenge an 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
arbitrators the opportunity to comment on the challenge.
(4) The SCC Institute shall make the final decision on the
challenge. If the SCC Institute finds an arbitrator disqualified,
it shall remove the arbitrator.
Article 19 Removal of Arbitrator
(1) Where an 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 an arbitrator, the SCC Institute shall
solicit the views of the parties and the arbitrators.
THE PROCEEDINGS BEFORE THE ARBITRAL TRIBUNAL
Article 20 Procedures of the Arbitral Tribunal
(1) The manner of conducting the proceedings is to be determined
by the Arbitral Tribunal 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 Arbitral Tribunal may decide that the Chairman alone may
make procedural rulings.
(3) The Arbitral Tribunal shall maintain 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.
(4) The Arbitral Tribunal may, after consultation with the
parties, decide to conduct hearings at a location other than the
Place of Arbitration.
(5) Article 12 shall apply with respect to communications from
the Arbitral Tribunal.
Article 21 Statement of Claim and Defence
(1) The Claimant shall, within the period of time determined by
the Arbitral Tribunal, 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 Arbitral Tribunal, 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 denies 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; and
(iv) a preliminary statement of the evidence on which the
Respondent intends to rely.
(3) The Arbitral Tribunal may determine that the parties are to
submit additional written statements.
Article 22 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 Arbitral Tribunal considers it
inappropriate having regard to the point of time at which the
amendments are requested, the prejudice that may be caused to the
other party or other circumstances.
(2) The provisions of Article 10 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 23 Language
Unless the parties have agreed in the arbitration agreement on
the language or languages to be used in the proceedings, the
Arbitral Tribunal shall, after consultation with the parties, make
such decision.
Article 24 Applicable Law
(1) The Arbitral Tribunal 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 Arbitral Tribunal shall apply
the law or rules of law which it considers to be most
appropriate.
(2) Any designation made by the parties of the law of a given
state shall be construed as directly referring to the substantive
law of that state and not to its conflict of laws rules.
(3) The Arbitral Tribunal shall decide the dispute ex aequo et
bono or as amiable compositeur only if the parties have expressly
authorized it to do so.
Article 25 Oral Hearing
(1) An oral hearing shall be arranged if requested by either
party, or if the Arbitral Tribunal considers it appropriate. If a
hearing is held, the Arbitral Tribunal, taking into account the
wishes of the parties, shall determine the time for the hearing,
its duration and how it is to be organised, including the manner in
which evidence is to be presented.
(2) If an arbitrator is replaced in the course of the
proceedings, the newly composed Arbitral Tribunal shall decide
whether and to what extent a previously held oral hearing is to be
repeated.
Article 26 Evidence
(1) At the request of the Arbitral Tribunal, the parties shall
state the evidence on which they intend to rely, specifying what
they intend to prove with each item of evidence, and present the
documentary evidence on which they rely.
(2) The Arbitral Tribunal may refuse to accept evidence
submitted to it if it considers such evidence to be irrelevant,
non-essential or if proof can be established by other means which
it considers more convenient or less expensive.
Article 27 Experts
(1) Unless otherwise agreed by the parties, the Arbitral
Tribunal may appoint one or more experts to report to it 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 28 Failure of a Party to Appear
If any of the parties, without showing valid cause, fails to
appear at a hearing or otherwise fails to comply with an order of
the Arbitral Tribunal, such failure shall not prevent the Arbitral
Tribunal from proceeding with the case nor from rendering an
Award.
Article 29 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 invoke
such irregularity.
Article 30 Voting
When a vote is taken, that opinion shall prevail which has
received more votes than any other opinion. If such majority is not
attained, the opinion of the Chairman shall prevail, unless
otherwise agreed by the parties.
Article 31 Interim Measures
(1) Unless the parties have agreed otherwise, the Arbitral
Tribunal 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 Arbitral Tribunal. The Arbitral Tribunal 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 32 Award
(1) The Award shall be deemed to have been rendered at the Place
of Arbitration. It shall state the date on which it was rendered,
contain an order or a declaration, as well as the reasons for it,
and shall be signed by the arbitrators. In absence of the signature
of an arbitrator, an Award may be rendered provided that the Award
has been signed by a majority of the arbitrators with a
verification to the effect that the arbitrator whose signature is
missing participated in deciding the dispute.
(2) If any arbitrator fails without valid cause to participate
in the deliberations of the Arbitral Tribunal on an issue, such
failure will not preclude a decision being made by the other
arbitrators.
(3) The parties may agree that the Chairman alone shall sign the
Award.
(4) An arbitrator may attach a dissenting opinion to the
Award.
(5) If a settlement is reached, the Arbitral Tribunal may, at
the request of the parties, record the settlement in the form of an
Award.
(6) The Arbitration Costs, in accordance with Article 39, 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.
(7) The Arbitral Tribunal shall immediately send the Award to
the parties.
Article 33 Time for Rendering an Award
An Award shall be rendered not later than six months as from the
date when the case was referred to the Arbitral Tribunal. The SCC
Institute may extend the period of time for rendering an Award.
Article 34 Separate Award
(1) At the request of a party, a separate issue or a part of the
matter in dispute may be decided in a Separate Award.
(2) Where a party has partially admitted a claim, a Separate
Award, based on such admission may be rendered.
Article 35 Right to an Award
(1) If a party withdraws a claim the Arbitral Tribunal shall
dismiss such part of the dispute, unless the other party requests
the Arbitral Tribunal to rule on the claim.
(2) If a party, who has not paid an Advance on Costs, requests
the Arbitral Tribunal 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 36 Effect of an Award
When rendered an Award is final and binding for the parties.
Article 37 Correction and Interpretation of an Award and
Additional Award
(1) Any obvious miscalculation or clerical error in an Award or
Decision shall be corrected by the Arbitral Tribunal.
(2) Within 30 days of receiving the Award, the Arbitral Tribunal
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 Arbitral Tribunal
may, if a party so requests, provide an interpretation thereof in
writing.
(4) Before the Arbitral Tribunal takes any action in accordance
with the second and third paragraphs, the views of the parties
shall be solicited.
Article 38 Filing of Awards
An Arbitral Tribunal 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 recorded minutes
therein. The above mentioned documents shall be kept on file by the
SCC Institute.
COSTS
Article 39 Arbitration Costs
(1) The Arbitration Costs consist of
(i) the arbitrator's fee;
(ii) the Administrative Fee of the SCC Institute;
(iii) compensation due to the arbitrator and the SCC Institute
to cover their expenses during the proceedings; and
(iv) the fees and expenses of any expert appointed by the
Arbitral Tribunal pursuant to Article 27.
(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 in force at the time of the
commencement of the arbitration. The amounts in section (iv) shall
be finally fixed by the Arbitral Tribunal.
Article 40 Payment of Arbitration Costs
(1) The parties are jointly and severally liable for all
payments of all costs mentioned in Article 39.
(2) The Arbitral Tribunal decides on the apportionment of the
arbitration costs as between the parties with regard to the outcome
of the case and other circumstances.
Article 41 Costs Incurred by a Party
Unless the parties have agreed otherwise, the Arbitral Tribunal
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 42 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. An arbitrator is liable only if
shown to have caused damage by wilful misconduct or gross
negligence.
EFFECTIVENESS
These Rules enter into force on 1 April 1999 and will replace
the former Rules of the Arbitration Institute of the Stockholm
Chamber of Commerce. 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
I. Registration Fee
The Registration Fee in Article 6 of the Rules of the
Arbitration Institute of the Stockholm Chamber of Commerce
(hereinafter referred to as "the SCC Rules") is EUR 1 000.
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 14 of the
SCC Rules.
II. Advance on Costs
According to Article 13 of the SCC 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 39
of the Rules and, if required, value added tax. Amounts referred to
in the first paragraph, sections (i) through (iii), in Article 39
of the Rules are to be determined pursuant to these
Regulations.
-----------------------------
1. The SCC Institute has adopted Rules for Expedited
Arbitrations, Insurance Arbitration Rules, Mediation Rules and
Procedures and Services under the UNCITRAL Arbitration Rules.
-----------------------------
III. Arbitration Costs
Article 1 Arbitrator´s Fee
(1) Unless otherwise agreed by the parties, the SCC Institute
shall decide the fees 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 fees.
(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 fees 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.
(4) The fee due to the co-arbitrator is fixed per person to 60
per cent of the total fee paid to the Chairman, unless the SCC
Institute decides otherwise in view of any special circumstances of
the case.
Amount in dispute (EUR)
|
Chairman of the Tribunal/ Sole Arbitrator
(EUR)
|
Minimum
|
Maximum
|
up to 25 000
|
2 500
|
5 000
|
from 25 001 to 50 000
|
2 500 + 2% of the amount above
25 000
|
5 000 + 10% of the amount above
25 000
|
from 50 001 to 100 000
|
3 000 + 2% of the amount above
50 000
|
7 500 + 5% of the amount above
50 000
|
from 100 001 to 500 000
|
4000 + 1% of the amount above
100 000
|
10 000 + 3% of the amount above
100 000
|
from 500 001 to 1 000 000
|
8 000 + 0,8% of the amount above
500 000
|
22 000 + 2,4% 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
|
34 000 + 2% 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
|
54 000 + 1% 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
|
84 000 + 0,52% 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
|
110 000 + 0,1% 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
|
150 000 + 0,08% of the amount above
50 000 000
|
from 75 000 001 to 100 000 000
|
45 000 + 0,012% of the amount above
75 000 000
|
170 000 + 0,048% of the amount above
75 000 000
|
from 100 000 001
|
48 000 + 0,01% of the amount above
100 000 000
|
182 000 + 0,045% of the amount above
100 000 000
|
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 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)
|
Administrative Fee of the SCC Institute
(EUR)
|
up to 25 000
|
1 000
|
from 25 001 to 50 000
|
1 000 + 4% of the amount above 25 000
|
from 50 001 to 100 000
|
2 000 + 2% of the amount above 50 000
|
from 100 001 to 500 000
|
3 000 + 1% of the amount above 100 000
|
from 500 001 to 1 000 000
|
7 000 + 0,8% of the amount above 500 000
|
from 1 000 001 to 2 000 000
|
11 000 + 0,3% of the amount above 1 000 000
|
from 2 000 001 to 5 000 000
|
14 000 + 0,1% of the amount above 2 000 000
|
from 5 000 001 to 10 000 000
|
17 000 + 0,06% of the amount above 5 000
000
|
from 10 000 001 to 50 000 000
|
20 000 + 0,02% of the amount above 10 000
000
|
from 50 000 001 to 75 000 000
|
28 000 + 0,01% of the amount above 50 000
000
|
from 75 000 001
|
30 500 + 0,01% of the amount above 75 000
000
|
|
Maximum 60 000
|
Article 3 Expenses
In addition to the fee(s) of the arbitrator(s) and the
Administrative Fee of the SCC Institute, the SCC Institute shall
fix an amount, to be provided by the parties, to cover reasonable
expenses for the arbitrator(s) and to 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.