SCC Case 129/2000 - Chapter 19 - SCC Arbitral Awards - 1999-2003

Author(s):

Sigvard Jarvin

Annette Magnusson

Page Count:

30 pages

Media Description:

PDF from "SCC Arbitral Awards - 1999-2003"

Published:

January, 2006

Jurisdictions:

China,

Germany,

Practice Areas:

Author Detail:

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:

Carita Wallgren & Helle Lindegaard, Partners, Roschier Holmberg, Helsinki

Eric M. Runesson & Mikael Swahn, Partners, Sandart & Partners, Stockholm

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Description:

Originally from SCC Arbitral Awards 1999-2003

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Subject matters:

(1) Party succession and choice of applicable law to decide who are the parties to the agreement.
(2) Choice of applicable law to decide the costs.

Findings:
(1) Issues regarding the corporate identity of the parties and a possible legal succession on the part of the Respondent were determined according to Swedish private international law principles, i.e. by applying the “lex corporationis” of the relevant company.

Whether the parties had entered into an arbitration agreement was determined by applying Swedish private international law governing the main contract. In the absence of a choice of law by the parties with respect to the main contract, the issue was determined by applying the law of the country with which the main contract was most closely connected.

(2) Swedish procedural rules were applied when determining the extent to which costs for legal representation be compensated by the losing party.

Parties: Claimant: Alpha (Germany)
Respondent: Beta (China)
Third party involved: Alpha 2 (Germany)
Fourth party involved: Beta 2 (China)
Fifth party involved: Company Z (China)

Table of Contents:

Observations by Bruno Leurent

XIX.SCC case 129/2000

Subject-matters:

(1) Party succession and choice of applicable law to decide who are the parties to the agreement.

(2) Choice of applicable law to decide the costs.

Observations by Carita Wallgren & Helle Lindegaard

Observations by Eric M. Runesson & Mikael Swahn