SCC Case 12/2002 - Chapter 4 - SCC Arbitral Awards: 2004-2009
Ivan Zykin, Dr. Sc. (Law) Professor, Vice President of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, Partner of Andrey Gorodissky & Partners Law Firm (Moscow)
Juan Carlos Landrove, founding member of Landrove - Attorney-at-Law, holds substantial expertise in transactional matters, litigation and international commercial arbitration in Switzerland, the European Union, Latin America and the United States.
Originally from SCC Arbitral Awards 2004-2009
Preview Page
(1) Prima facie decision of jurisdiction of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute).
(2) The law applicable to the transfer of the arbitration agreement.
(3) Assignment of contract; validity of the arbitration clause when the assignee has not notified the remaining contract party of the assignment.
(1) The SCC Institute decided that it was not clear that it lacked jurisdiction.
(2) The validity of the transfer of the arbitration agreement was decided according to Swedish law on the basis that the arbitration had been instituted in Sweden under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Rules).
(3) Where arbitration was initiated by an assignee of the contract at hand the respondent, as the remaining party to the contract, was not bound by the arbitration clause in the contract that it had originally signed with the assignor, since the remaining party had not been notified of the assignment before the arbitration proceedings began.
IV. SCC CASE 12/2002
SUBJECT-MATTERS:
(1) Prima facie decision of jurisdiction of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute).
(2) The law applicable to the transfer of the arbitration agreement.
(3) Assignment of contract; validity of the arbitration clause when the assignee has not notified the remaining contract party of the assignment.
Observations by Ivan Zykin
Observations by Juan Carlos Landrove