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Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (Adopted by the Stockholm Chamber of Commerce and in force 1 April 1999)

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RULES

of the Arbitration Institute

of the Stockholm Chamber of Commerce


(Adopted by the Stockholm Chamber of Commerce

and in force 1 April 1999)



The Arbitration Institute of the Stockholm Chamber

of Commerce

P.O. Box 16050 S-103 21 Stockholm Sweden

Office: Jakobs Torg 3

Tel: +46 8 555 100 50 Fax: +46 8 566 316 50

http://www.chamber.se/arbitration/



I. Organisation of the SCC Institute (Articles 1-4)

II. Arbitration rules of the SCC Institute (Articles 5-42)

III. Appendix. Regulations for arbitration costs

IV. Effectiveness



I. ORGANISATION OF THE SCC INSTITUTE


Article 1. The SCC Institute

Article 2. The Board

Article 3. Decisions by the Board

Article 4. The Secretariat



Article 1. The SCC Institute


The Arbitration Institute of the Stockholm Chamber of Commerce (hereinafter referred to as "the SCC Institute") is a body for dealing with matters of dispute resolution. The SCC Institute does not itself settle disputes. Its objectives are

- to assist in the settlement of domestic and international disputes in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (hereinafter referred to as "the SCC Rules");

- to assist in the settlement of disputes in accordance with other rules which have been adopted by the SCC Institute; <1>

- to assist, as determined by the SCC Institute, in proceedings which are conducted in a manner which differs, either in part or in whole, from that anticipated by the SCC rules,

- to provide guidelines concerning settlement of disputes under the SCC Institute's rules, and

- to provide information concerning arbitration and mediation matters.



Article 2. The Board


(1) The SCC Institute shall have a Board composed of six members who shall be appointed for a period of three years by the Board of Directors of the Chamber. The Board of Directors of the Chamber shall appoint a Chairman and a Vice Chairman from among the members of the Board of the SCC Institute. The Chairman and the Vice Chairman shall be lawyers.


(2) The Board of Directors of the Chamber may, if there are extraordinary reasons for doing so, remove a member of the Board of the SCC Institute. If a member resigns or is removed during his term of office, the Board of Directors of the Chamber will appoint a new member for the remainder of his term.



Article 3. Decisions by the Board


Two members of the Board shall form a quorum. If no majority is attained, the Chairman shall cast the deciding vote. The Chairman or the Vice Chairman shall have the power to take decisions on behalf of the Board in urgent matters. Decisions of the Board are final and cannot be reviewed by the Chamber.



Article 4. The Secretariat


The SCC Institute shall have a Secretariat under the direction of a Secretary General who shall be a lawyer.



--------------------------------

<1> The SCC Institute has adopted Rules for Expedited Arbitrations, Insurance Arbitration Rules, Mediation Rules and Procedures and Services under the UNCITRAL Arbitration Rules.




II. ARBITRATION RULES OF THE SCC INSTITUTE


Initiation of proceedings

Composition of Arbitral Tribunals

The proceedings before the Arbitral Tribunal

The award

Costs

Exclusion of Liability

Effectiveness



Initiation of proceedings


Article 5. Request for Arbitration

Article 6. Registration Fee

Article 7. Dismissal

Article 8. Date of Commencement of the Arbitration

Article 9. Procedures of the SCC Institute

Article 10. The Respondent's Reply

Article 11. Amplification and Periods of Time

Article 12. Notice

Article 13. Appointment of Arbitrators and Place of Arbitration

Article 14. Advance on Costs

Article 15. Referral of a Case to the Arbitral Tribunal



Article 5. Request for Arbitration


Arbitration is initiated by the Claimant filing with the SCC Institute a Request for Arbitration which shall include:

(I) a statement of the names, addresses, telephone and facsimile numbers and e-mail addresses of the parties and their counsel;

(II) a summary of the dispute;

(III) a preliminary statement of the relief sought by the Claimant;

(IV) a copy of the arbitration agreement or clause under which the dispute is to be settled; and

(V) if applicable, a statement identifying the arbitrator appointed by the Claimant, including such arbitrator's address, telephone and facsimile numbers and e-mail address.



Article 6. Registration Fee


(1) At the same time as the Request for Arbitration is filed, the Claimant shall pay a Registration Fee. The amount of the fee is fixed in accordance with the SCC Institute's Regulations for Arbitration Costs in force on the date of the Request for Arbitration.


(2) If the required Registration Fee is not paid when filing the Request for Arbitration, the SCC Institute will fix a period of time within which the Claimant must pay such fee.



Article 7. Dismissal


If it is clear that the SCC Institute lacks jurisdiction over the dispute or if the Registration Fee has not been paid in due time, the Claimant's Request for Arbitration shall be dismissed.



Article 8. Date of Commencement of the Arbitration


The arbitration shall be deemed to have been commenced on the date on which the Request for Arbitration was received by the SCC Institute.



Article 9. Procedures of the SCC Institute


The SCC Institute shall maintain the confidentiality of the arbitration and shall deal with the arbitration in an impartial, practical and expeditious manner.



Article 10. The Respondent's Reply


(1) The Request for Arbitration shall be communicated by the SCC Institute to the Respondent. The Respondent shall be asked to submit a Reply to the SCC Institute. The Reply shall be submitted within the period of time determined by the SCC Institute and shall include:

(I) comments regarding the Request for Arbitration by the Claimant; and

(II) if applicable, a statement identifying the arbitrator appointed by the Respondent, including such arbitrator's address, telephone and facsimile numbers and e-mail address.


(2) If the Respondent wishes to raise any objection concerning the validity or applicability of the arbitration agreement, such objection shall be made in the Reply together with the grounds therefore.


(3) If the Respondent wishes to file a counterclaim or a set-off claim, a statement to that effect should be made in the Reply and should include the nature of the claim and a preliminary statement of the relief sought. The grounds for any counterclaim or set-off claim must be based on the arbitration agreement.


(4) The SCC Institute shall communicate the Respondent's Reply to the Claimant. The Claimant shall be given an opportunity to comment on any objections and pleas advanced by the Respondent.


(5) Failure by the Respondent to submit a Reply shall not prevent the arbitration from proceeding pursuant to these Rules.



Article 11. Amplification and Periods of Time


(1) The SCC Institute may request a party to expound upon any written comments to the SCC Institute. If the Claimant fails to comply with such a request, the SCC Institute may decide to dismiss the case. If the Respondent fails to comply with a request to expound upon a counterclaim, the counterclaim may be dismissed by the SCC Institute. Failure by the Respondent otherwise to comply with a request to expound upon a written statement shall not prevent the arbitral proceedings from continuing.


(2) If the SCC Institute has requested a party to perform any act within a specified period of time, such period of time may be extended by the SCC

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