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Adopted by the Stockholm Chamber of
Commerce and in force as of 1 April 1999
SERVICES AS APPOINTING AUTHORITY
Article 1
Appointment of Sole or Presiding
Arbitrator
When requested to appoint a sole or
presiding arbitrator under the UNCITRAL Arbitration Rules (the Rules), the
Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute)
will follow the list procedure set forth in Article 6:3 of the Rules unless all
parties agree that the list procedure is not appropriate for the case.
In selecting arbitrators, the SCC
Institute will carefully consider the nature of the case, as described in the
Notice of the Arbitration, in order to include in the list persons who are not
only experienced in international arbitration but also familiar with the
technical and commercial aspects of the matter.
When appointing a sole or presiding
arbitrator under the Rules, the SCC Institute will, in so far as possible,
designate a person of a nationality other than the nationalities of the
parties, unless otherwise agreed by the parties.
Article 2
Appointment of a "Second"
Arbitrator in Three-Arbitrator Cases
Under Article 7 of the Rules, when
three arbitrators are to be appointed, each party is to appoint one arbitrator,
but if a party fails to do so, the other party may request that the appointment
of the second arbitrator be made by the appointing authority.
In accordance with the Rules, the
SCC Institute, when appointing a second arbitrator, will exercise its
discretion and will not utilize the list procedure. Such second arbitrator
shall be impartial and independent of either party.
Article 3
Decisions on Challenges to Arbitrators
Under Article 10 of the Rules, all
arbitrators - including those appointed by a party - are required to be
impartial and independent. Article 10 provides that any arbitrator may be
challenged if circumstances exist that give rise to justifiable doubts as to
the arbitrator's impartiality or independence.
Article 12 of the Rules requires
that all contested challenges be decided by the appointing authority. When
deciding challenges at the request of any party, the SCC Institute will do so
through its Board.
Article 4
Appointment of Substitute
Arbitrators
The Rules provide that the
appointing authority shall appoint a substitute arbitrator if an arbitrator
dies or resigns during an arbitration proceeding, or if a challenge against him
is sustained (Articles 12(2) and 13). In such cases, the SCC Institute will
appoint a substitute arbitrator in accordance with Articles 1 and 2 above.
Article 5
Consultation of Fees of Arbitrators
and Deposits of Costs
The Rules provide that the fees of
the arbitrators shall be reasonable in amount, taking into consideration the
amount in dispute, the complexity of the subject matter, the time spent by the
arbitrators, and any other relevant circumstances of the case (Article 39(1)).
The Rules provide that the parties may request the appointing authority to
provide to the arbitrators and parties a statement setting forth the basis for
establishing fees that is customarily followed in cases in which the appointing
authority acts (Article 39(3)).
The SCC Institute has a Regulation
for Costs of Arbitration and will, at the request of any party, furnish a
statement concerning fees based on this regulation and the SCC Institute's
experience in administering arbitration cases.
Further, at the request of any
party, the SCC Institute will make any comments it deems appropriate to the
arbitral tribunal concerning the amount of any deposits or supplementary
deposits to be made under Article 41 of the Rules.
In addition to giving advice as to
the amount of deposits as provided for in Article 41 of the Rules, the SCC
Institute upon request of one of the parties or of the arbitral tribunal is
prepared to hold deposits and to render an account thereof to the arbitral
tribunal.
ADMINISTRATIVE SERVICES
Upon request of the parties or the
arbitral tribunal, the SCC Institute will provide the following administrative
services:
Providing, or arranging for,
meeting rooms for hearings or deliberations of the arbitral tribunal.
Providing secretarial or clerical
assistance.
Forwarding of written
communications of a party or the arbitrators.
Arranging for stenographic
transcripts of hearings.
Arranging for services of
interpreters at hearings.
Upon request, the SCC Institute
will consider providing other appropriate administrative services.
COSTS CHARGED BY THE SCC INSTITUTE
FOR SERVICES RENDERED AS APPOINTING AUTHORITY
For its services as appointing
authority under the UNCITRAL Arbitration Rules the SCC Institute will charge
the requesting party a fixed amount for EUR 1,000. Such fee shall be paid when
the request is submitted to the SCC Institute.
If the fee is not provided together
with the request, the SCC Institute shall fix a period of time within which the
party must pay the same.
If the fee has not been provided
within the time fixed by the SCC Institute, the request shall be dismissed.
The costs for administrative services and other costs of the SCC Institute which may occur in connection with its services on consultation on fees and deposits will be billed separately on cost basis.