SCC Clauses

The SCC's model clauses are set out below (click on SCC for more on the SCC)

Model Arbitration 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 ........................

Model Arbitration Clause for Expedited Arbitrations

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 Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.

Recommended additions:

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 .............

Model Combined Clause 1 – Rules for Expedited Arbitrations as first choice

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 administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC”)

The SCC's Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances that the SCC's Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

Recommended additions:

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 .........................

Model Combined Clause 2 – Value Based

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 administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).

The SCC's Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed EUR 100,000. Where the amount in dispute exceeds EUR 100,000 the SCC's Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds EUR 100,000 but not EUR 1,000,000.

Where the amount in dispute exceeds EUR 1 000 000 the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration.

Recommended additions:

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 .........................

Model Combined Clause 3- Mediation as a first choice, followed by arbitration

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall first be referred to Mediation in accordance with the Mediation Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, unless one of the parties objects.

If one of the parties objects to Mediation or if the Mediation is terminated, the dispute shall be finally resolved...[insert one of the following options, as appropriate]

[[Option 1]:.. by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.]

[[Option 2]:.. by arbitration in accordance with the Rules for Expedited Arbitrations of the the Arbitration Institute of the Stockholm Chamber of Commerce]

[[Option 3]:...by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC”). The SCC's Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances that the SCC's Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators]

Recommended additions:

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 ........................ (insert jurisdiction)

Note: In Russia related contracts (i.e. where enforcement of an award is likely to be required in Russia (e.g. when contracting with a Russian counterparty), or the seat of arbitration is in Russia, or the clause is governed by Russian law) it may be that institutional clauses would benefit from amendment in order to deal with the influence of Russian case-law concerning the identification of arbitral institutions. If relevant to you, please consult a member of the Linklaters International Arbitration group for further information.