Just published: Stockholm Treaty Lab on Kluwer Arbitration Blog
The Stockholm Treaty Lab Prize opened for registration almost two months ago. In a post on Kluwer Arbitration Blog, SCC’s Anja Havedal Ipp explains the progress since then.
The competition is an initiative by the SCC, together with partners including the International Bar Association, Stockholm Environment Institute and the Haga Initiative.
The registration opened on the very same day that U.S President Donald Trump announced that the United States would withdraw from the Paris Agreement on climate change. Since then, several teams have already signed up and the jury has been formed.
The blog explains the assessment criteria for the submissions and the prize for the winning team.
Kluwer Arbitration Blog: Seven years of SCC emergency proceeding
In a post on Kluwer Arbitration Blog, SCC’s Anja Havedal Ipp summarizes the emergency arbitrator proceeding at the SCC.
SCC was one of the first institutions to provide for emergency arbitrator proceedings in its rules. Since its introduction seven years ago, the SCC has seen almost 30 applications for the appointment of an emergency arbitrator.
In an emergency arbitrator proceeding, time is of the essence. The blog post explains the number of days it has taken for the SCC to appoint an emergency arbitrator and for the emergency arbitrator to render a decision on interim measure.
The SCC Rules do not specify the grounds or conditions for interim relief, however the blog post breaks down a set of factors that have crystalized and are now commonly accepted as prerequisites for granting interim relief.
Read SCC practice note on emergency arbitrator here.
New on Swedish Arbitration Portal: Svea Court of Appeal upholds jura novit curia
In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal upheld the principle of jura novit curia, rejecting claims that the arbitrator may not apply legal principles not referenced by the parties.
A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not referenced by the parties. The party also argued that the arbitrator’s failure to inform the parties that he intended to apply certain legal provisions by analogy amounted to a procedural error. The Court dismissed the challenge in its entirety. Pursuant to the principle of jura novit curia, the arbitrators are not bound by the parties’ legal arguments, but are free to decide which provisions of the law that apply based on the referenced circumstances.
The Swedish Arbitration Portalis facilitated by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC). The project’s mission is to increase transparency in arbitration by making Swedish case law more accessible to the international community.