Cooperation vs. Competition:Building the Market.

6th Annual Arbitration and Investment Summit. Nassau, 29 January 2018.

Annette Magnusson, SCC Secretary General

SCC in a nutshell

• East-West

• Energy

• ISDS

• 40+

nationalities

• SCC Rules

• Fast track

• Emergency

arbitrator

• UNCITRAL

Arbitration

Rules

3

SCC Investment Arbitration

4

Global Investment Arbitration

Sources:

UNCTAD Issue note 2016

and SCC Statistics 2016

4

5

Cooperation at the SCC

Cooperation (cont’d)

• POLICY

• OPERATIONAL

7

Competition?

• Harmonization

• Lead and inspire!

• Arbitration vs. litigation

”I ask all of you to use the great

power of arbitration to help the world

overcome conflict and hatred and

build a future of dignity for all on a

healthy planet.”

- UN Secretary General Ban Ki-Moon (2016)

9

MODEL CLAUSE

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

Recommended additions:

The arbitral tribunal shall be composed of three arbitrators/a sole arbitrator.The seat of arbitration shall be […].The language to be used in the arbitral proceedings shall be […].This contract shall be governed by the substantive law of […].

www.sccinstitute.com

6th Annual Arbitration and Investment Summit.

Nassau, 29 January 2018.

annette.magnusson@chamber.se