SCC Arbitral Awards 1999-2003 | ArbitrationLaw.com

The SCC Arbitral Awards contains the text of all arbitral awards from the Arbitration Institute of the Stockholm Chamber of Commerce that have been previously published in the Stockholm Arbitration Report (SAR) between 1999 and 2003.

This is the only source for SCC Arbitral Awards!

The awards are subject to commentary by leading authorities including distinguished arbitrators, lawyers, justices and other legal professionals. The extracts from the arbitral awards provide indispensable and extremely helpful insights into the attitudes of tribunals on arbitration matters and arbitral awards worldwide. This publication is essential for the practitioner and the legal professional who needs to be up to date on key arbitration issues involving SCC arbitration in particular but also arbitration in general as well.

PDF of Title Page and T.O.C.

FOREWORD

I. SCC case 17/1997

Subject-matters:

(1) Jurisdiction; interpretation of contract under Swedish law.

(2) Validity of assignment and the right of assumed assignee [Claimant] to rely on the arbitration clause.

(3) Can a third party beneficiary rely on the arbitration clause in an agreement to which it is not a party?

(4)Reduction of the claimed legal expenses.

Observations By John Kadelburger

II. SCC case 19/1997

Subject-matters:

(1) Is the

Arbitration Court

in Stockholm a reference to ad hoc or institutional arbitration?

(2) Refusal by a party to participate in the proceedings.

(3) Value added tax on the arbitrators’ fee.

Observations by Guillermo Aguilar Alvarez

III. SCC case 99/1997

Subject-matters:

(1) Conformity of delivered goods (quality complaints).

(2) May prolongation of the delivery term in the issued letter of credit beyond the dates stated in the contract be interpreted as extension granted to the seller for delivery?

(3) Who is to bear the costs of arbitration as between the parties, when both parties’ claims were satisfied in part?

Observations by Sarah Francois-Poncet

IV. SCC case 104/1997

Subject-matters:

(1) Bankruptcy of Respondent during the arbitration. Non-binding effect of the award under Finnish law.

(2) Discontinuance of the arbitration.

Observations by Sigvard Jarvin

Observations by Carita Wallgren & Bernt Juthstrom

V. SCC case 107/1997

Subject-matters:

(1) Applicable law.

(2) Contradictory provisions in the contract regarding technical specifications. Non-conformity of goods delivered.

(3) Contractual provision depriving the buyer of its remedies against the seller’s breach of contract.

(4) The Vienna Sales Convention, article 74, and right to set-off.

Observations by Ivan Zykin

VI. SCC case 108/1997

Subject-matters:

(1) Law applicable to the obligation to arbitrate.

(2) Whether, because of its conduct, a parent company is considered party to an arbitration agreement concluded by its subsidiary.

(3) Liability for arbitration costs in a parallel arbitration.

Observations by Michael S. Walker

VII. SCC case 16/1998

Subject-matters:

(1) Trading in Russian securities; failure by trader to comply with client’s instructions; client’s identity and validity of instructions questioned.

(2) Does deposit of securities with a public notary constitute discharge under Article 327 of the Russian Civil Code?

(3) Applicable law: Russian or Swedish?

(4) Does a penalty clause relating to late payment apply in lieu of or in addition to default interest provisions under Swedish law?

Observations by John Kadelburger

VIII. SCC case 34/1998

Subject-matters:

(1) Ex parte award.

(2) Law applicable to the interest rate; What rate applies if the banking rate relied upon "presently varies between 13 and 18 percent"?

(3) Claimed legal expenses reduced.

Observations by Ivan Zykin

IX. SCC case 36/1998

Subject-matters:

(1) No oral hearing held.

(2) Interest rate on overdue payment; New York law and force majeure; Starting point for calculating interest on over due amount.

(3) Moratorium decreed by the Central Bank of

Russia

(4) Reduction of attorneys fees.

Observations by Gerald Aksen

X. SCC case 53/1998

Subject-matters:

(1) Arbitrability of tax issues.

(2) Liability to compensate for VAT for services rendered by a foreign company on Russian territory.

(3) Interest rate: alternative claims regarding the accrual dates.

Observations by Alexey Kostin

XI. SCC cases 80/1998 and 81/1998

Subject-matters:

(1) Applicable choice-of-law rules to determine the governing law in a sale of goods contract.

(2) Applicable law to the arbitration agreement.

Observations by David Goldberg

XII. SCC case 21/1999

Subject-matters:

(1) Claimants’ legal capacity and proper representation; whether a consortium is a party.

(2) Whether the arbitral tribunal has jurisdiction to consider the case on its merits when, in accordance with the arbitration clause, adjudication shall precede arbitration.

Observations by M.I.M. Aboul-Enein

XIII. SCC case 34/1999

Subject-matters:

(1) Introduction of a new party in the arbitration. The seller requested to introduce as party the manufacturer of the goods who had signed a modification to the agreement, but not the original agreement.

(2) Availability of separate award and dissenting opinion under the SCC Rules.

(3) Applicable law. Whether a stipulation in the contract takes over the CISG.

Observations by Alain Prujiner

Observations by Christophe Imhoos

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

XV. SCC case 117/1999

Subject-matter:

Applicable law to the dispute; application of Article 24(1) of the Rules
of the Arbitration Institute of the Stockholm Chamber of Commerce.

Observations by Herbert Kronke

Observations by Juan Fernandez-Armesto

XVI. SCC case 16/2000

Subject-matters:

(1) Whether a contract for the packing and transport of industrial equipment provided for a fixed or variable price.

(2) When the freight increases due to an increase in the volume of the cargo, who shall bear the risk for such increase?

(3) Duty of a carrier to notify the customer in the event of expected increase of costs for the transportation.

Observations by Patrik Lindfors & Mika Savola

Observations by Jakob Heidbrink

XVII. SCC case 45/2000

Subject-matters:

(1) Invalidity of a contract under the Swedish doctrine of assumptions (förutsättningsläran).

(2) Liability for damages following the invalidity of a contract by virtue of the doctrine of assumptions.

Observations by Gustaf Moller

Observations by Jan Ramberg

XVIII. SCC case 49/2000

Subject-matter:

Issue of lis pendens.

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

XX. SCC case 133/2000

Subject-matter:

(1) Ambiguous arbitration clause.

Observations by Alexey Kostin

XXI. SCC case 7/2001

Subject-matters:

(1) Letter of credit and unjust enrichment - whether the purchaser had fulfilled its obligations concerning payment under the contract by obtaining the letter of credit.

(2) Invalidity of contract - whether the contract was duly signed and dealt with past events.

(3) Calculation of interest.

Observations by Michael Pryles

Observation by Jon Stokholm

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

XXIII. SCC case 45/2001

Subject-matters:

(1) Ex parte award.

(2) Jurisdiction of the arbitrator over the end user wherethe contract had been signed by the end user’s agent. Applicable law to decide this issue.

(3) Foreign trade agency relationship in Chinese law. The Chinese Foreign Trade Agency System Tentative Provisions (the "Tentative Provisions") of 29 August 1991.

Observations by Xing Xiusong & He Xiaoli

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

INDEX

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 Contributors Include:

- Guillermo Aguilar Alvarez, Partner SAI Abogados, Formerly General Counsel of the ICC International Court of Arbitration, seved as Chief Legal Counsel for the government of Mexico during negotiations of NAFTA.

- Sarah Francois-Poncet, Partner, Salans Hertzfeld & Heilbronn, Paris, Chair of the firms' International Arbitration Practice Group, Member ICC Commission on International Arbitration.

- Sigvard Jarvin, (See above)

- Carita Wallgren & Bernt Juthström, Roschier-Holmberg & Waselius, Attorneys Ltd., Helsinki; Practice Heads of Arbitration Practice and ADR Practice, respectively.

- Ivan Zykin, Professor and Vice President of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation.

- Michael S. Walker, Fulbright & Jaworski L.L.P., London.

- John Kadelburger, Partner, Gedda & Ekdahl Advokatbyra, Stockholm.

- Gerald Aksen, Retired Partner, Thelen Reid & Priest LLP, New York, Immediate Past Vice Chairman, ICC International Court of Arbitration, Former Vice President, London Court of International Arbitration, Former General Counsel and Member, Board of Directors, American Arbitration Association.

- Alexey Kostin, Vice-President of the International Commercial Arbitration Court at the Russian Chamber of Commerce & Industry.

- David Goldberg, Partner, Kennedys, London, Member of the Professional Committee of the Chartered Institute of Arbitrators.

- M.I.M. Aboul-Enein, Director, Cairo Regional Centre for International Commercial Arbitration.

- Alain Prujiner, Professor, Université Laval, Québec, Canada.

- Christophe Imhoos, Law Offices of J.-P. and C. IMHOOS & Partners, Geneva, Co-Reporter of the ICC Commission on International Arbitration, Former Counsel at the International Court of Arbitration, ICC Paris.

- 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)

- Herbert Kronke, Secretary-General UNIDROIT Rome, Professor of Law, University of Heidelberg.

- Juan Fernandéz-Armesto, Professor of Commercial Law. Universidad de Comillas / Icade, Madrid.

- Patrik Lindfors & Mika Savola, Hannes Snellman Attorneys at Law, Helsinki; Head of Dispute Resolution and Secretary of the Finnish Arbitration Association, respectively.

- Gustaf Möller, Justice of the Supreme Court of Finland.

- Jan Ramberg, Professor Emeritus, Stockholm, Vice-Chair of ICC Commission on International Commercial Practice.

- Bruno Leurent, Partner, Winston & Strawn

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

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

- Michael Pryles, President of the Australian Centre for International Commercial Arbitration.

- Jon Stokholm, Judge of the Supreme Court of Denmark.

- 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)

- Xing Xiusong & He Xiaoli, Partners, Global Law Office, Shanghai, Members of the London Court of International Arbitration

- 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.

Author/Editor Detail: