SCC Case 46/1999 - Chapter 14 - 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:
David St. John Sutton, Fulbright & Jaworski LLP, London was a Former Member of the ICC Court of Arbitration and he is a Fellow of the Chartered Institute of Arbitrators and Joint Chairman of Committee "D". International Bar Association, (IBA).
Annette Magnusson, (See Above)
Originally from SCC Arbitral Awards 1999-2003
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Subject-matters:
(1) Applicable law for deciding the arbitrators’ competence.
(2) Does an arbitration agreement between a creditor and a debtor extend to a pledgee to whom the creditor has pledged its claims?
Findings:
(1) Under Section 39 of the Swedish Arbitration Act (1999), Swedish law shall govern the arbitration agreement when the proceedings take place in Sweden.
(2) The arbitration agreement is applicable and the arbitrators have jurisdiction to try the debtor’s claims against the pledgee for refund of payments made by the debtor through Letters of Credit.
Parties: Claimant: B, Buyer (The Netherlands)
Respondent: P, Pledgee (Finland)
Place of arbitration: Stockholm, Sweden
Nationality of arbitrators: Chairman: Swedish
Arbitrator: Swedish
Arbitrator: Swedish
Amount in dispute: EUR 13 880 000
Arbitration costs: EUR 346 000
XIV. SCC case 46/1999
Subject-matters:
(1) Applicable law for deciding the arbitrators’ competence.
(2) Does an arbitration agreement between a creditor and a debtor extend
to a pledgee to whom the creditor has pledged its claims?
Observations by David St. John Sutton
Observations by Annette Magnusson