Subject Matter: The law applicable to determining the jurisdiction of the Arbitral Tribunal when Respondent in liquidation invokes non-arbitrability inter alia under its national legislation.

 

Finding: The law of the seat of arbitration – the seat was fixed by an arbitral institution (the SCC Institute) – applies when determining the jurisdiction of the Arbitral Tribunal. The law of the Respondent’s country shall not be taken into consideration for this purpose

 

Parties:

The Claimant: Law firm X (Sweden)

The Respondent: Bank Y in liquidation represented by Company YY (Latvia)

 

Arbitral Tribunal:

Chairperson: C (Germany)

Arbitrator appointed by the Claimant: A (Sweden)

Arbitrator appointed by the Respondent: B (Latvia)

 

Seat of Arbitration: Helsinki, Finland

 

Applicable law: Finnish law on jurisdictional objection and arbitrability and Swedish law on substance

 

Applicable Arbitration Rules: The 1999 SCC Rules for Expedited Arbitrations

 

Language of the Proceedings: English