International disputes surpassed the number of domestic disputes brought before the SCC in 2012. In addition, 10 investment treaty cases were brought before the SCC, representing the highest number of investment treaty cases at the SCC in one year.
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In 2012 parties brought 177 new cases. Of these 177 cases, 56% (99 cases) were cases administered under the SCC Rules. Parties also commenced emergency arbitrator proceedings (2), expedited arbitrations (63) and mediations (3) under the SCC Rules, and requested SCC administrative services in appointing experts (2), and SCC services in ad hoc (5) and UNCITRAL Arbitrations (3).
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Parties from forty-five different countries commenced their arbitral proceedings before the SCC. Most of the parties came from Western Europe, followed by parties from Eastern Europe, Asia, North America, the Middle East, Africa and South America. Swedish parties appeared most frequently before the SCC. Of the international parties, Russian parties continued to be the second most frequent nationality represented at the SCC, followed by Chinese, Norwegian, German and Finnish parties.
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Most frequently, parties brought disputes arising out of service and supply agreements, representing 22,6% and 18,6% of the cases registered during 2012, respectively. Parties also brought disputes concerning business acquisitions (14,7%), real estate (8,5%), investment treaty protection (5,6%), license agreements (4,5%), joint ventures (4%), intellectual property (2,8%), among others.
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Investment treaty arbitration cases
The SCC has become a leading center for the resolution of investment treaty arbitration. Since 1993 parties have brought 57 investment disputes to the SCC, 43 of which were brought from 2003. In 2012, the SCC registered ten investment treaty cases.
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Eight out of the ten investment treaty arbitrations were brought under alleged BITs violations and two of them were brought under alleged violations of the Energy Charter Treaty (ECT). The ECT lists the SCC as one of the three options for investor-state dispute resolution, together with ICSID and UNCITRAL Arbitration Rules (ad hoc proceedings).
50% of all new investment treaty arbitrations in 2012 were administered under SCC Rules. 30% of the investment disputes were conducted under ad hoc proceedings and 20% under UNCITRAL Arbitration Rules.1
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In 2012, the nationality of the parties bringing their investment claims varied compared to past years. Parties from Moldova (2), the Netherlands (2) and Mauritius (2) appeared most frequently as claimant. Other parties that brought their investment claims before the SCC came from Ukraine, Germany, Egypt and Cyprus.
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1To learn more about the SCC acting as appointing authority in investment arbitrations under UNCITRAL Rules, read report “The SCC Experience of Investment Arbitration under UNCITRAL Rules”.
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