SCC Case 49/2000 - Chapter 18 - 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:
Bruno Leurent, Partner, Winston & Strawn
Originally from SCC Arbitral Awards 1999-2003
Issue of lis pendens.
Where a court action has been initiated by one party in matters later referred to arbitration by the second party, and where the issue of the court’s jurisdiction has not yet been finally decided, such court action does not constitute ground for litispendens in the arbitral proceeding initiated by the second party.
Parties: Claimant: 1. Alpha S.p.A (Italy)
2. Alpha Technical AB (Sweden)
Respondent: Beta Technical S.p.A (Italy)
Place of arbitration: Stockholm, Sweden
Language of the proceedings: English
Nationality of arbitrators: Sole Arbitrator: Swedish
Amount in dispute: EUR 1 260 000
Arbitration costs: EUR 46 000
XVIII. SCC case 49/2000
Issue of lis pendens.