Adopted by the Stockholm Chamber of Commerce and in force as of
1 April 1999.
FOREWORD
The SCC Mediation Institute has been established to assist in
the settlement of domestic and international disputes in accordance
with the SCC Mediation Rules. The SCC Mediation Rules offer an
efficient dispute resolution to parties not wishing to engage in
formal arbitral proceedings. The salient features of the Rules are
the following.
A sole Mediator is appointed, unless otherwise agreed by the
parties. The Mediator may be appointed by the parties jointly, or
by the SCC Mediation Institute.
The time limit for the Mediation is two months, unless otherwise
agreed by the parties.
After having reached a settlement agreement, the parties may
agree to appoint the Mediator as arbitrator in order to enable him
to confirm the settlement agreement in an arbitral award.
I. MEDIATION RULES OF THE SCC MEDIATION INSTITUTE
THE MEDIATOR
Article 1 Role of the Mediator
(1) A Mediator must be impartial and independent.
(2) A Mediator may not act as arbitrator in any future
arbitration relating to the subject matter of the dispute, unless
otherwise agreed by the parties.
Article 2 Duty of the Mediator to Disclose
(1) A person asked to accept appointment as Mediator must
disclose any circumstances likely to give rise to justifiable
doubts as to his impartiality and independence.
(2) A Mediator who becomes aware of any circumstances referred
to in the first paragraph of this article, must immediately inform,
in writing, the parties thereof.
CONFIDENTIALITY
Article 3 Duty to Respect the Confidentiality of the
Mediation
(1) The Mediator, the SCC Mediation Institute, the parties, and
any other persons participating in the Mediation, shall respect the
confidentiality of the Mediation, unless otherwise agreed by the
parties. The need for appropriate confidentiality undertakings
should be taken into consideration.
(2)At the request of a party, any submission, document or other
materials supplied in the course of the Mediation, shall be
returned to the party having provided it, without any copy being
retained.
(3)At the request of a party, any notes taken in the course of
the Mediation shall be destroyed upon the termination of the
Mediation.
(4) A party may not introduce as evidence in any judicial or
arbitration proceeding any views expressed or statements made in
the course of the Mediation. A party may not involve as witness in
any judicial or arbitration proceeding the Mediator or any expert
that has participated in the Mediation.
INITIATION OF MEDIATION
Article 4 Request for Mediation
(1) A Request for Mediation shall be submitted to the SCC
Mediation Institute by the parties jointly or by one of them. It
shall be in writing and 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, and
(iii) a statement wether the parties have agreed to mediate the
dispute
(2) Where a Request for Mediation is submitted by one party
only, the SCC Mediation Institute shall communicate the Request to
the other party who shall be asked to state whether or not it
agrees to participate in the Mediation.
Article 5 Registration Fee
(1) At the same time as the Request for Mediation is filed, a
Registration Fee of EUR 400 shall be paid.
(2) If the Registration Fee is not paid when the Request for
Mediation is filed, the SCC Mediation Institute shall fix a period
of time within which the parties may pay such fee.
Article 6 Appointment of Mediator
(1) Unless otherwise agreed by the parties, a sole Mediator
shall be appointed by the SCC Mediation Institute. Before the
appointment, the SCC Mediation Institute shall solicit the views of
the parties.
(2) If the parties jointly propose a person to act as mediator,
such person shall be appointed by the SCC Mediation Institute.
(3) In absence of an agreement between the parties to the
contrary, where more than one Mediator shall be appointed, each
party shall appoint an equal number of Mediators and, in case of an
odd number of Mediators, the SCC Mediation Institute shall appoint
a Mediator who shall act as Chairman.
Article 7 Removal of the Mediator
(1) Where the Mediator is prevented from de facto fulfilling his
duties or fails to perform his functions in an adequate manner, the
SCC Mediation Institute shall remove the Mediator and appoint a new
Mediator in accordance with Article 6.
(2) Before removing the Mediator, the SCC Mediation Institute
shall solicit the views of the parties and the Mediator.
Article 8 Advance on Costs
(1) The SCC Mediation Institute shall fix an Advance on Costs
which shall be equivalent to the estimated amount of the Mediation
Costs pursuant to Article 13.
(2) Each party shall contribute half of the Advance on Costs,
unless otherwise agreed by the parties. One party may pay the
entire amount.
(3) After notification by the Mediator, the SCC Mediation
Institute may, in the course of the Mediation, decide that
additional amounts are to be paid.
(4) The SCC Mediation Institute may during or after the
Mediation draw on the Advance on Costs to cover the cost of the
Mediation.
(5) If a required payment pursuant to paragraph (2) of this
article 8 is not made, the dispute shall be dismissed either wholly
or partly to such an extent as is attributable to the missing
payment.
Article 9 Referral of a Dispute to the Mediator
When the Mediator has been appointed and the Advance on Costs
has been paid, the SCC Mediation Institute shall refer the dispute
to the Mediator.
THE PROCEEDINGS BEFORE THE MEDIATOR
Article 10 Conduct of the Mediation
(1) Giving consideration to the wishes of the parties, the
Mediator shall determine the conduct of the Mediation, with a view
for reaching an expeditious and efficient resolution of the
dispute.
(2) Each party shall be given sufficient opportunity to present
its case.
(3) Where the Mediator believes that the dispute between the
parties is not likely to be resolved through mediation, the
Mediator may propose other means of resolving the dispute, for the
consideration of the parties.
TERMINATION OF THE MEDIATION
Article 11 Termination
(1) Unless otherwise agreed by the parties, the Mediation shall
be terminated within two months of the date when the dispute was
referred to the Mediator pursuant to Article 9. At the request of
the Mediator, the SCC Mediation Institute may extend this period of
time.
(2) The Mediation shall be terminated
(i) by a settlement agreement between the parties,
(ii) by a declaration of the Mediator to the parties and the SCC
Mediation Institute, to the effect that further efforts of
Mediation are unlikely to lead to the resolution of the dispute,
or
(iii) by a written request from a party to the Mediator that the
Mediation shall be terminated.
(3) Upon the termination of the Mediation, the Mediator shall
notify the SCC Mediation Institute.
Article 12 Confirmation of a Settlement Agreement in an Arbitral
Award
Upon reaching a settlement agreement the parties may, subject to
the approval of the Mediator, agree to appoint the Mediator as an
Arbitrator and request him to confirm the settlement agreement in
an arbitral award.
COSTS
Article 13 Mediation Costs
(1) The Mediation Costs consist of
(i) the Mediator's fee;
(ii) the Administrative Fee of the SCC Mediation Institute;
and
(iii) compensation due to the Mediator and the SCC Mediation
Institute to cover their expenses in the course of the
Mediation.
(2) The Registration Fee under Article 5 shall be deducted from
the amount due to the SCC Mediation Institute pursuant to the
previous paragraph.
(3) Amounts referred to in paragraph(1) in this article 13 shall
be finally fixed by the SCC Mediation Institute in accordance with
the Regulations for Mediation Costs in force at the date of the
Request for Mediation.
Article 14 Payment of Mediation Costs
(1) The parties are jointly and severally liable for all
payments of all costs mentioned in Article 13.
(2) Unless they agree differently, the parties shall, as between
themselves, bear the Mediation Costs in equal shares.
II. ORGANISATION OF THE MEDIATION INSTITUTE
Article 15 The SCC Mediation Institute
The Mediation Institute of the Stockholm Chamber of Commerce is
part of the Arbitration Institute of the Stockholm Chamber of
Commerce. Its objectives are
to assist in the settlement of domestic and international
disputes in accordance with the Rules of the Mediation
Institute;
to assist, as determined by the SCC Mediation Institute, in
mediations which are conducted in a manner which differs, either in
part or in whole, from that anticipated by the SCC Institute
Mediation Rules, and
to provide information on mediation matters.
Article 16 The Board
(1) The SCC Mediation Institute shall have a Board composed of
six members who shall be appointed for a period of three years by
the Board of the Arbitration Institute of the Stockholm Chamber of
Commerce. The Board of the Arbitration Institute of the Stockholm
Chamber of Commerce shall appoint a Chairman and a Vice Chairman
from among the members of the Board of the SCC Mediation Institute.
The Chairman and the Vice Chairman shall be lawyers.
(2) The Board of the Arbitration Institute of the Stockholm
Chamber of Commerce may, if there are extraordinary reasons for
doing so, remove a member of the Board of the SCC Mediation
Institute. If a member resigns or is removed during his term of
office, the Board of the Arbitration Institute of the Stockholm
Chamber of Commerce will appoint a new member for the remainder of
his term.
Article 17 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 by the Board are
final and cannot be reviewed by the Board of the Arbitration
Institute of the Stockholm Chamber of Commerce.
EFFECTIVENESS
These Regulations enter into force on 1 April 1999 and will
replace the former Conciliation Rules of the Arbitration Institute
of the Stockholm Chamber of Commerce. These Rules will be applied
to any Mediation commenced on or after this date, unless otherwise
agreed by the parties.
APPENDIX
REGULATIONS FOR MEDIATION COSTS
Article 1 Mediator's Fee
(1) Unless otherwise agreed by the parties, the SCC Mediation
Institute shall decide the fee of the Mediator 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) Where the amount in dispute is not specified, the SCC
Mediation Institute will fix the fee on an assessment of the size
of the dispute. Each party must provide the SCC Mediation Institute
with the information deemed necessary for such assessment.
(3) If a Mediation has required substantially more or less work
than is considered normal, the SCC Mediation Institute may deviate
from the amounts stated in the table.
Article 2 Administrative Fee of the SCC Mediation Institute
(1) The SCC Mediation 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) Where the amount in dispute is not specified, the SCC
Mediation Institute will fix the fee on an assessment of the size
of the dispute. Each party must provide the Institute with the
information deemed necessary for such assessment.
(3) If a Mediation has required substantially more or less work
than is considered normal, the Institute may deviate from the
amounts stated in the table.
Article 3 Expenses
In addition to the fee of the Mediator and the Administrative
Fee of the SCC Mediation Institute, the SCC Mediation Institute
shall fix an amount to be provided by the parties, to cover
reasonable expenses of the Mediator and the SCC Mediation
Institute.
Effectiveness
These Regulations enter into force on 1 April 1999 and will be
applied to any Mediation commenced on this date or thereafter.
Amount in Dispute (EUR)
|
Mediator´s Fee (EUR)
|
to 25 000
|
1 200
|
from 25 001 to 50 000
|
1 200 + 2% of the amount above 25 000
|
from 50 001 to 100 000
|
1 700 + 1% of the amount above 50 000
|
from 100 001 to 500 000
|
2 200 + 0,5% of the amount above 100 000
|
from 500 001 to 1 000 000
|
4 200 + 0,4% of the amount above 500 000
|
from 1 000 001 to 2 000 000
|
6 200 + 0,3% of the amount above 1 000 000
|
from 2 000 001 to 5 000 000
|
9 200 + 0,1% of the amount above 2 000 000
|
from 5 000 001 to 10 000 000
|
12 200 + 0,05% of the amount above 5 000
000
|
from 10 000 001
|
14 700 + 0,03% of the amount above 10 000
000
|
Amount in Dispute (EUR)
|
Adminstrative Fee of the SCC Mediation Institute
(EUR)
|
to 25 000
|
400
|
from 25 001 to 50 000
|
400 + 0,8% of the amount above 25 000
|
from 50 001 to 100 000
|
600 + 0,6% of the amount above 50 000
|
from 100 001 to 500 000
|
900 + 0,3% of the amount above 100 000
|
from 500 001 to 1 000 000
|
2 100 + 0,2% of the amount above 500 000
|
from 1 000 001 to 2 000 000
|
3 100 + 0,1% of the amount above 1 000 000
|
from 2 000 001 to 5 000 000
|
4 100 + 0,06% of the amount above 2 000 000
|
from 5 000 001 to 10 000 000
|
5 900 + 0,03% of the amount above 5 000 000
|
from 10 000 001
|
7 400 + 0,01% of the amount above 10 000
000
|
|
Maximum 15 000
|