esityksen nimi • tekijän nimi 2/16/2016 1 · 2/16/2016 · 16 february 2016 11 • arranged in...
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2/16/2016Esityksen nimi • Tekijän nimi 1
Morning Seminar on Arbitration in Finland and Sweden - Programme
16 February 2016FAI/SCC Morning Seminar on Arbitration in Finland and Sweden 2
Topical issues at the FAI and the SCC / Heidi Merikalla-Teir and Annette Magnusson
1Revision of local arbitration laws – where do we stand in Sweden and Finland? /Kristin Campbell-Wilson, Annette Magnusson, Heidi Merikalla-Teir and Mika Savola
FAI’s experiences with the FAI Arbitration Rules revised in 2013 / Mika Savola
SCC’s experiences with the emergency arbitrator provisions of the SCC Arbitration Rules / Kristin Campbell-Wilson
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FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
Heidi Merikalla-Teir, Secretary GeneralThe Arbitration Institute of the Finland Chamber of Commerce
The Arbitration Institute of the Finland Chamber of Commerce – FAI
16 February 2016 4
• Established in 1911• An autonomous arbitration body of the Finland Chamber of
Commerce; independent in its decision-making• Administers domestic and international arbitrations conducted
under its Rules• Appoints arbitrators and conciliators • Acts as appointing authority under the UNCITRAL Arbitration Rules• The revised Arbitration Rules and Rules for Expedited Arbitration
of the Finland Chamber of Commerce entered into force on 1 June 2013
FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
The Arbitration Institute of the Finland Chamber of Commerce – FAI (cont’d)
16 February 2016 5
• International Board• Chair: Mika Savola (Partner, Hannes & Snellman)
• Vice-Chairs: Petra Kiurunen (Partner, Lindfors & Co) and Marko Hentunen (Partner, Castrén & Snellman)
• Finnish Board Members: Anne-Maj Fahlgren (Senior Legal Counsel, UPM-KymmeneCorporation), Mikko Kemppainen (Head of Legal Affairs, Orion Corporation), Olli Sailas (Legal Counsel, Andritz Oy), Petri Taivalkoski (Partner, Roschier), and Satu Tiirikka (Senior Legal Counsel, Tieto Corporation)
• International Board Members: Niuscha Bassiri (Partner, Hanotiau & van den Berg), Sophie Lamp (Partner, Debevoise & Plimpton), Gabrielle Nater-Bass (Partner, Homburger), Bo G. H. Nilsson (Partner, Lindahl), Christopher R. Seppälä (Partner, White & Case), Toomas Vaher (Managing Partner, Raidla Ellex), and Nina Vilkova (Professor Russian Academy of Foreign Trade)
FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
Topical issues at the FAI
16 February 2016 6
Agenda
FAI Statistics 20151 Finnish Arbitration Academy
FAI Mediation Rules Helsinki International Arbitration Day 2016
FAI Administrative Procedures for Cases under the 2010 UNCITRAL Arbitration Rules
FAI’s other activities
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FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
FAI Statistics 2015
16 February 2016 7
• 52 new Request for Arbitrations filed in 2015 • 79% governed by the FAI Arbitration Rules
• 4% governed by the FAI Expedited Rules
• 17 % ad hoc proceedings
• 77% of the cases were heard by sole arbitrators• 27% of the cases were of international nature• Subject matters of disputes – top 3 categories: company
acquisitions and sale of business (25%), shareholder’s agreements (17.3%) and delivery and supply agreements (17.3%)
FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
FAI Statistics 2015 (cont’d)
16 February 2016 8
• Median duration of arbitrations governed by the FAI Arbitration Rules was 8 months
• Arbitrations included parties from: • Austria, Finland, France, Germany, Hong Kong, Luxemburg, the Netherlands,
Panama, South-Korea, Sweden, Turkey, UK, USA
• 32 % of arbitrators appointed by the FAI Board were women • 39 % of arbitrators appointed by the FAI Board were women if only cases
governed by the FAI Rules are taken into account
• Internationally exceptionally high percentages!
FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
FAI Mediation Rules
16 February 2016 9
• To be launched in spring 2016• The rules provide a relatively brief, straightforward, flexible and user-
friendly frame for conducting mediation• Mediation is a voluntary and confidential process the process as such
regulated as little as possible to give the mediator and the parties flexibility to tailor it as they see fit
• FAI will perform the following tasks:– appointment of the mediator, if needed– fixing an advance on costs to cover the mediation costs– determining the fee/expenses of the mediator and FAI’s administrative fee/expenses
• The fee of the mediator based on an hourly or daily fee • The administrative fee depends on the monetary value at stake
FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
FAI Administrative Procedures for Cases under the 2010 UNCITRAL Arbitration Rules
16 February 2016 10
• FAI may serve as appointing authority inter alia in proceedings governed by the UNCITRAL Arbitration Rules
• FAI Administrative Procedures came into force on 1 February 2016• The Procedures supplement the provisions set out in the 2010 UNCITRAL
Arbitration Rules• The FAI will perform upon request the following functions:
• appointment of arbitrators
• decisions on the challenge of arbitrators; and
• replacement of arbitrators
• The FAI will prepare separate administrative procedures for cases under the 1976 UNCITRAL Arbitration Rules shortly
FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
Finnish Arbitration Academy
16 February 2016 11
• Arranged in 2014 and 2015 to be arranged next time in fall 2016
• 25 participants per Academy (attorneys, in-house counsel, judges and academics)
• 8 modules (4 hours each)• Incl. topics relating to arbitration agreements, arbitration
procedure especially under the FAI Rules, arbitral awards, costs, and dynamics of an international arbitral tribunal
• Speakers from the FAI Board and Secretariat, Mika Hemmo (Professor, University of Helsinki), Marko Wainio (Senior Counsel, Bird & Bird), Bo G. H. Nilsson (Partner, Lindahl), Marc D. Veit(Partner, LALIVE) and Gaëtan Verhoosel(Partner, Three Crowns LLP)
FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
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Visit the event site www.hiad.fi
TIME TO CHANGE OUR MINDSETS AND THINK OUTSIDE THE (TOOL) BOX?
Digitalization and Cybersecurity – New Challenges to International Arbitration?
Companies’ and In-House Counsel’s Perspectives on the Future of Arbitration –How Should It Be?
Mediation as an Alternative to Resolve International Commercial Disputes – When, How and Why?
FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
FAI’s other activities
16 February 2016 13
• FAI will continue to publish case comments: http://arbitration.fi/category/fai-cases/
• Information about FAI Events, Cases and News: arbitration.fi / Twitter: @FAIarbitration / LinkedIn: The Finland Arbitration Institute (FAI)
• FAI will start publishing an electronic newsletter • Digitalization towards electronic case management• Application for use of the FAI Arbitration Rules in the Willem C. Vis
International Commercial Arbitration Moot• ICCA 2020 Congress FAI supporting the ICCA STOCKHOLM 2020
association’s candidacy
FAI/SCC Morning Seminar on Arbitration in Finland and Sweden
THE ARBITRATION INSTITUTE OF THE FINLAND CHAMBER OF COMMERCE
The ArbitrationInstitute of the Finland
Chamber of Commerce
Thank you!
Heidi Merikalla-Teir, Secretary General
[email protected] /+358 40 750 6106 / arbitration.fi / Twitter: @FAIarbitration /LinkedIn: The Finland Arbitration Institute (FAI)