SCC Arbitration Institute

Pozdrowienia z Warszawy! 🇵🇱 SCC Arbitration Institute was represented by Jake Lowther at the Solidarity in Arbitration and Mediation Days in Warsaw last week. This year's theme was "Shaping Horizons: Current Challenges and Innovations in Infrastructure, Construction and Energy in Central and Eastern Europe". Joining a panel discussing the topic of energy disputes, Jake's presentation considered the role of the SCC in facilitating the energy transition. Did you know? 💡 - Between 2020 and September 2024, 88 energy arbitrations were commenced at the SCC. - This year to date, the electricity sector represents 53% of the energy cases initiated at the SCC, with renewable energy and gas disputes following. - The most common nationalities of parties to energy disputes in the past two years are Swedish, Russian, German, Danish, and Estonian. 🗣 At the SCC, we know that "time is money". Energy projects are long-term investments, which need good working relationships. Disputes are an unwelcome distraction for the core business, and hold back investment. To facillitate international trade and investment, the SCC is working hard to develop and promote alternatives to arbitration and lititgation, such as SCC Express and mediation. By helping business to resolve problems at an early stage, the SCC aims to help keep things on track, and, crucially, on time, says Jake. 📚Interested to learn more? The SCC publishes a range of reports on topics such as energy disputes and SCC Express, available here: https://lnkd.in/dNDxqVnE

SCC Arbitration Week 2024 wrapped up an exceptional week filled with insightful discussions and new developments in the world of dispute resolution. From 21-25 October, we launched two reports, hosted a series of in-person and online events, attracted leading experts and professionals in Stockholm and globally. Here is what we covered: On the Monday, we launched our report on disputes in public procurement contracts with a webinar featuring Madeleine Thörn, Olof Larsberger and Julia Tavaststjerna. We explored the difference between litigation and arbitation. On the Tuesday, we prepared ourselves for the week to come. On the Wednesday, we invited you to our premises and discussed negotiations – the Swedish way. Our flagship event was a highlight of the year, with former prime minister Stefan Löfven, partner Elisabet Lundgren, Group General Counsel Susan Gustafsson, and SCC Secretary General Caroline Falconer on stage. On the Thursday, we launched our report on arbitration costs and their apportionment under the SCC Rules. We launched the report with a webinar where Jake Lowther presented the conclusions of the analysis and Lotta Knapp Lönroth and Tobias Hamrin gave their two cents on arbitration costs, moderated by Caroline Falconer. On the Friday, we invited you to a roundtable discussion on mediation. A lively discussion together with Pirita Virtanen, Jonas Bengtsson and Madeleine Thörn. We discussed the fact that we see an increased number of commercial mediations in Sweden this year, as well as other trends and challenges. Thank you to all our speakers and attendees for making this year’s SCC Arbitration Week a success! We look forward to continuing these vital conversations in the future. #SCCArbitrationWeek #DisputeResolution #Arbitration #Mediation #Negotiations

Insightful Discussions at Friday’s Mediation Roundtable On Friday, Madeleine Thörn, SCC Deputy Secretary General, moderated an engaging roundtable on mediation. Participants from across Europe including both inhouse and external counsel took part in lively discussions after hearing from remarkable speakers, Pirita Virtanen and Jonas Bengtsson. Pirita, commercial mediator, articulated that "Mediation is structured negotiation," a sentiment that resonated across the room as participants reflected on the importance of negotiating before turning to arbitration. Pirita also reminded us of the powerful role of vulnerability in mediation—something that, as she wittily noted, doesn’t necessarily require a sauna session! From the corporate perspective, Vattenfall General Counsel Jonas Bengtsson shared his perspective that "The legal case is always strongest at the outset of the dispute." He underscored the need for awareness around prestige, personal reactions, and responsibility of the outcome, providing a strategic lens to the discussion. A huge thank you to everyone who attended and contributed to Friday's roundtable. Your active engagement is what drives these sessions forward! As Madeleine Thörn noted, "Mediation has significant potential, and there’s growing consensus on its benefits in reducing costs and saving time. With the SCC Arbitration Institute’s commitment to knowledge sharing, training, and tearing down the boundaries to its use, we’re already seeing a rise in mediation cases—and we expect this trend to continue."

SCC Arbitration Week 2024 marked an incredible highlight in the dispute resolution field! At our flagship event, Negotiations – the Swedish Way, we delved into importance of skillful negotiators and negotiation teams. Together with esteemed speakers like Stefan Löfven, Elisabet Lundgren, and Susan Gustafsson, we discussed Sweden's renowned approach to negotiations, focused on consensus, collaboration, and pragmatism. As Caroline Falconer, Secretary General of SCC Arbitration Institute, remarked, "Sweden's negotiation style isn’t just about resolving conflicts — it’s about building lasting, collaborative solutions." Thank you to everyone who joined us for such a dynamic and engaging session! Let's keep driving meaningful dialogue.

SCC Arbitration Week continues apace! Today we are pleased to release a new report on costs of arbitration and apportionment of costs under the SCC Rules, authored by Jake Lowther, Lorenzo Nizzi, and Samuel Hörberg Delac. This report provides fresh data following the SCC's previous report on the subject from 2016. How have things changed since 2016? • The costs of arbitration represent even less of the parties’ total costs based on the analysed cases. • The mean costs of legal representation are between 13,5 and 12,85 times the costs of arbitration, depending on the number of arbitrators.   • Amounts in dispute have slightly increased, and the SCC's arbitrators are more international. • We also see the “winner takes it all” increasingly when it comes to apportionment of costs. For the first time, the SCC has also included data on cases determined under the SCC's expedited rules. • These have been a success in Sweden, and the deadlines are being met. • The SCC’s combination clauses have also been a success, and were invoked in 36% of analysed expedited cases. Interested to learn more? Find the report here: https://lnkd.in/dETxNri9 Join today's SCC Arbitration Week online event featuring Jake Lowther, Lotta Knapp Lönroth, Tobias Hamrin, and Caroline Falconer (moderator) here: https://lnkd.in/dMMX6r5r

🌟 We officially kicked off SCC Arbitration Week 2024 on 21 October with an insightful webinar! 🌟 During the event, the panelists explored dispute resolution at SCC with a special focus on public procurement contracts. Key takeaways from our speakers: - Madeleine Thörn, Deputy Secretary General at SCC Arbitration Institute, announced the launch of the SCC report on Dispute Resolution in Public Procurement Contracts. She highlighted that public entities have used all SCC services and noted that dispute resolution at SCC is faster than in general courts. - Olof Larsberger, Partner at Kastell Advokatbyrå, stressed the importance of considering the appropriate dispute resolution clause at the public procurement stage. - Julia Tavaststjerna, General Counsel at Nya tunnelbanan, Region Stockholm, emphasised that mediation has significant potential in public procurement disputes, particularly in interpreting existing contract clauses. The newly launched SCC report compares the handling of such cases in general courts versus at SCC, offering valuable insights. We look forward to continuing #SCCArbitrationWeek with tonight’s flagship event on #negotiations! https://lnkd.in/gWwY7edd  

New Report: Dispute Resolution in Public Procurement Contracts – SEK 900 Billion at Stake To mark the start of SCC Arbitration Week 2024, we have published a report addressing the impact of protracted disputes in public procurement. With SEK 900 billion in critical contracts at stake, it is more important than ever to ensure efficient resolution processes. SCC’s flexible arbitration services provide a faster alternative to traditional courts, helping to keep essential projects on track and safeguarding public investments. Read the full report and watch the seminar here: https://lnkd.in/gWwY7edd

Law Students: Are you ready for the SCC Student Challenge? Put your knowledge to the test and stand a chance to win SEK 1,500 at Wolters Kluwer! Who can participate? Law students with an interest in arbitration and dispute resolution. Don’t miss out! The deadline is approaching fast, so take the challenge today. Sign up here: https://lnkd.in/dAVb8Mx8

The SCC Arbitration Institute leads the way in embracing the age of AI    AI is revolutionizing industries globally, and arbitration is no exception. As the SCC continues to innovate, we are proud to release our Guide to the use of AI in cases administered under the SCC Rules. This non-binding guide ensures flexibility and adaptability while emphasizing the importance of: • Confidentiality: Participants are encouraged to inform themselves as to how any data input is employed and deployed when using AI.    • Quality: Arbitral Tribunals should ensure any use of AI does not lead to any reduction in the quality of their decisions and apply an appropriate level of review and verification to any outputs of AI systems.   • Integrity: Arbitral Tribunals are encouraged to disclose any use of AI in researching and interpreting facts and the law or applying the law to facts.   • Non-delegation of the decision-making mandate: AI tools may be used to support arbitral decision-making but cannot replace it.  Learn more about how the SCC is shaping the future of dispute resolution in the AI era here: https://lnkd.in/ej_AphD8

Why is the SCC Arbitration Institute a global leader in international arbitration?   Robin Oldenstam, Chairperson of the SCC Board, shares insights on how Sweden’s stable legal framework, transparent society, and the SCC's commitment to innovation have solidified its reputation as a trusted venue for dispute resolution. Watch the interview to learn how SCC continues to lead in efficiency and reliability in today’s competitive arbitration landscape.