SCC Case 117/1999 - Chapter 15 - 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:
Herbert Kronke, Secretary-General UNIDROIT Rome, Professor of Law, University of Heidelberg.
Juan Fernandéz-Armesto, Professor of Commercial Law. Universidad de Comillas / Icade, Madrid.
Originally from SCC Arbitral Awards 1999-2003
Applicable law to the dispute; application of Article 24(1) of the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.
Finding: The tribunal determines that the applicable rules of law on the merits are those contained in UNIDROIT Principles of International Commercial Contracts (1994), supplemented by Swedish law if and to the extent the UNIDROIT rules do not give any guidance on a particular issue.
Parties: Claimant: The European Company, Licensor and Licensee (Luxembourg) Respondent: The Technical Corporation, Licensee and Licensor (China)
Place of arbitration: Stockholm, Sweden
Language of the proceedings: English
Nationality of arbitrators: Chairman: Swedish
Amount in dispute: EUR 990 500
Arbitration costs: EUR 182 000
XV. SCC case 117/1999
Applicable law to the dispute; application of Article 24(1) of the Rules
of the Arbitration Institute of the Stockholm Chamber of Commerce.
Observations by Herbert Kronke
Observations by Juan Fernandez-Armesto