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www.sccinstitute.com Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel

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Page 1: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

www.sccinstitute.com

Recent Developments in Arbitration in Sweden November 21st 2013

Joel Dahlquist, Associate Counsel

Page 2: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

Arbitration in Sweden 2013

• Model – but not Model law

• Strong support from court

• International legal

community

• Investment arbitration forum

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Page 3: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

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Page 4: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

SCC in brief

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•SCC Rules

•Expedited Arbitration

•The Emergency Arbitrator

•Secretariat in Stockholm

•International Board

•East-West

•Investment arbitration

Page 5: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

Facts and History

Established in 1917

Part of the Stockholm

Chamber of Commerce

Independent Board

SCC Arbitration Rules (2010)

About 200 new arbitrations a

year

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Page 6: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

SCC Organisation

Assistant

Legal counsel

Assistant

Legal counsel

Assistant

Legal counsel

Deputy Secretary General

Secretary General

SCC Board of Directors14 members

from 9 countries

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Caseload 2003-2012

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Page 8: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

Main markets

Sweden

Europe

Russia

China

Cross border investments

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Nationality of Parties 2012

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SCC Investor-State Arbitration 1993 - 2012

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Page 11: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

Swedish Global Footprint • 120 BIT

• ECT

• 61 SCC

• 60 Sweden

• + 12 UNCITRAL

• [UNCTAD Report 2013]

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Page 12: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

Legal Framework – Investment Arbitration

• SCC Rules

• UNCITRAL Rules

• SCC Rules and

Procedures under the

UNCITRAL Rules

• BIT:s

• Energy Charter Treaty

• Public International Law

• Lex arbitri

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Page 13: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

The SCC Role – Investment Arbitration

• SCC Arbitration

• Appointing authority

• Appointment of

arbitrators

• Challenge of arbitrators

• Ad hoc decisions

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Page 14: Recent Developments in Arbitration in Sweden Dahlquist_Recent... · Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel . ... community

www.sccinstitute.com

Thank you!

[email protected]