SCC Case 96/2001 - Chapter 24 - 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:

Fernando Pombo, Partner, Gomez Acebo & Pombo Abogados, Madrid. Secretary General of the International Bar Association (IBA) and a member of both its Management Committee and its Board of Directors; Member of the Spanish Court of Arbitration.

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Description:

Originally from SCC Arbitral Awards 1999-2003

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Subject-matters:

(1) Power of the Arbitral Tribunal to grant interim measures under the SCC Rules.
(2) Applicable law to the merits and to a retention of title clause.
(3) Enforcement of retention of title clause under Uzbek law.
(4) Right to restitution of delivered goods under Uzbek law.

Findings:
(1) The SCC Rules provide that an Arbitral Tribunal may, at the request of a party, order a specific performance by the opposing party as interim relief for the purpose of securing the claim that is to be tried by the Arbitral Tribunal. Such interim relief may be granted if the petitioner has prima facie proved his case and there is an urgent need for the requested interim relief.
(2) In the absence of an agreement regarding applicable law, the Arbitral Tribunal shall apply the law which it considers most appropriate. Issues regarding the enforceability of a retention of title clause as between the parties shall be decided in accordance with lex contractus (CISG). If that law is silent on the issue in question, the law to which the relevant provision has the closest connection should be applied (seller’s country).
(3) Under the laws of Uzbekistan, an agreement regarding the retention of title is enforceable as between the parties.
(4) Under the laws of Uzbekistan a retention of title clause entails a right to restitution of the property in question.

Table of Contents:

XXIV. SCC case 96/2001

Subject-matters:

(1) Power of the Arbitral Tribunal to grant interim measures under the SCC Rules.

(2) Applicable law to the merits and to a retention of title clause.

(3) Enforcement of retention of title clause under Uzbek law.

(4)Right to restitution of delivered goods under Uzbek law.

Observations by Fernando Pombo