The assignment of a contract containing an arbitration agreement to a third party raises several questions.[1] The first question is whether the arbitration agreement is automatically transferred.[2] If so, what is the legal basis for such a transfer?[3] Other issues concern the validity of the assignment of the main contract itself and whether evidence of […]
International Arbitration in Sweden
International arbitration has a long-standing tradition in Sweden. As an arbitration-friendly jurisdiction, Sweden has traditionally been a popular place of arbitration, especially for parties from the ex-Soviet Union and China when negotiating with their counterparties from the USA, Western Europe and Canada. The reasons for this are historical and date from the Cold War since, […]
New 2023 SCC Arbitration Rules
The Stockholm Chamber of Commerce (“SCC”) has released revised versions of its arbitration and other dispute resolution rules, which came into force on 1 January 2023, increasing the administrative costs of SCC arbitration, amongst other changes discussed below: the 2023 SCC Arbitration Rules; the 2023 SCC Schedule of Costs; the 2023 SCC Expedited Arbitration Rules; […]
The Standard of Proof in Arbitration
In The Burden of Proof in Arbitration, a distinction was made between the burden of proof, defined as “the duty of proving a disputed assertion or charge”, and the standard of proof, which “determines the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding”, according to […]
Procedural Timetable under the ICC Rules
The procedural timetable is a procedural tool used by the parties to set timelines and deadlines for the arbitration proceeding. The procedural timetable is established by agreement of the parties during the case management conference and is subject to the approval of the arbitral tribunal. The 2021 ICC Arbitration Rules (“ICC Rules”) expressly set forth the […]