SCC Case 104/1997 - Chapter 4 - SCC Arbitral Awards - 1999-2003
About the Editors:
Sigvard Jarvin has been involved in more than 215 international arbitrations under the arbitration rules of the ICC, the Stockholm Arbitration Institute, the Dutch Arbitration Institute, the American Arbitration Association, LCIA, UNCITRAL, the Cairo Regional Centre, and other arbitration organizations. He was general counsel to the ICC International Court of Arbitration, Paris (1982-1987) and member of the Court (1988-1995). He also chaired the ICC working party revising the ICC/CMI Maritime Arbitration Rules (1997-1998).
Mr. Jarvin was the rapporteur at the 1990 and 1998 ICCA Congresses and was chairman of the foreign section of the Swedish Bar from 1999 to 2000, and he is also a member of the board of the Institute of Arbitration Law at Stockholm University and a member of the ICC Commission on Arbitration and the International Arbitration Club, London. He is cited yearly as one of the best arbitration lawyers in France in Chambers Global — The World’s Leading Lawyers , published by Chambers & Partners.
Annette Magnusson, is a Professional Support Lawyer at the firm of Mannheimer Swartling, Stockholm. She was formerly Assistant Secretary General and legal counsel for the Arbitration Institute of the Stockholm Chamber of Commerce.
Observation Commentary by:
Sigvard Jarvin, (see above)
Carita Wallgren & Bernt Juthström, Roschier-Holmberg & Waselius, Attorneys Ltd., Helsinki; Practice Heads of Arbitration Practice and ADR Practice, respectively.
Originally from SCC Arbitral Awards 1999-2003
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Subject-matters:
(1) Bankruptcy of Respondent during the arbitration. Non-binding effect of the award under Finnish law.
(2) Discontinuance of the arbitration.
Findings:
(1) Under Finnish law an award rendered against a party in bankruptcy is not binding in the bankruptcy proceedings.
(2) A request for “discontinuance of” the arbitration was construed as a withdrawal of the case.
Parties: Claimant: X (Russian Federation)
Respondent: Y (Finland)
Place of arbitration: Stockholm
Nationality of arbitrators: Sole arbitrator, Swedish
Arbitration costs: EUR 2 000
IV. SCC case 104/1997
Subject-matters:
(1) Bankruptcy of Respondent during the arbitration. Non-binding effect of the award under Finnish law.
(2) Discontinuance of the arbitration.
Observations by Sigvard Jarvin
Observations by Carita Wallgren & Bernt Juthstrom