SCC Case 9/2001 - Chapter 22 - 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:
Bernard Hanotiau, Hanotiau & van den Berg, Brussels. Hanotiau & van den Berg, Brussels, Member of the ICC Institute and of the ICC International Arbitration Commission, Member of the LCIA Court, Vice President of CEPANI (Belgian Arbitration Center)
Originally from SCC Arbitral Awards 1999-2003
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Subject matters:
(1) Bringing a third party into the arbitration proceedings
(2) Admissibility of a claim of alleged fraud.
Findings:
(1) A third party may be brought into the proceedings only by agreement to that effect between the parties already in the proceedings and the third party, provided that the grounds for any claim against the third party is based on the arbitration agreement.
(2) A claim based on an alleged fraud was not covered by the arbitration clause.
Parties: Claimant X (Sweden)
Respondent: Y Holdings AG (Switzerland)
Y AG (Switzerland)
Third party: TP (Sweden)
Place of arbitration: Stockholm, Sweden
Language of the proceedings: English
Nationality of arbitrators: Sole Arbitrator: Swedish
Amount in dispute: EUR 113 000
Arbitration costs: EUR 14 000
XXII. SCC case 9/2001
Subject-matters:
(1) Bringing a third party into the arbitration proceedings.
(2) Admissibility of a claim of alleged fraud.
Observations by Bernard Hanotiau