How to select a relevant tool for resolving your dispute
Disputes comes in all shapes and forms. In this overview of the SCC services, you can get guidance in choosing the right dispute resolution tool for your dispute.
Our goal is to keep at the forefront of change to meet the developing needs of the business community. This is why the SCC dispute resolution toolbox has been expanded with a new tool – the SCC Express Dispute Assessment. This is a tool for disputes where there is no need for a full-scale process and where there is trust between the parties that the outcome will be respected even if it is not an enforceable judgment. The purpose of SCC Express is to enable companies to spend as little time as possible in dispute and litigation.
Are you dealing with a high complexity case or a low complexity case? Do you prioritise enforceability or a fast resolution of the dispute?
In the enclosed overview, you will get some guidance in choosing the right dispute resolution tool for you dispute.
Have a closer look at the overview of the SCC dispute resolution tools >> here
Learn more about the SCC dispute resolution services >> here
Joint quest for greener arbitrations
– The users of arbitral services work in industries where climate change actions are taken and often required. We need to adapt as well, says legal counsel Christoffer Coello Hedberg who represents the SCC in a European subcommittee on the campaign for Greener Arbitrations. He also gives the SCC view on arbitration and climate change in the first episode of the upcoming new podcast series Arbitration Insider.
Freshfields Bruckhaus Deringer is launching a new interesting podcast series Arbitration Insider in collaboration with the New York International Arbitration Center (NYIAC), brilliantly moderated by Olivier André and Rekha Rangachari. Christoffer Coello Hedberg participates in the very first episode which is dedicated to arbitration and climate change.
The SCC has looked at what we can do make arbitration greener for quite a few years now. Former Secretary General Annette Magnusson, who left her position at the SCC earlier this year to work full time with climate matters, spearheaded the SCC in this direction. And we look forward to continuing on this path.
– Our “why” to be engaged in this matter goes back to our core mission which is to facilitate trade for companies around the world. We need to keep up with change and the needs of the users of our services who work in industries where climate change actions are taken and often required. We need to adapt as well, says Legal Counsel Christoffer Coello Hedberg who represents the SCC in a Europe Sub-Committee on the Campaign for Greener Arbitrations.
– This is an excellent initiative which can tie together many of the ways that arbitral institutions and other stakeholders can contribute to reducing the carbon footprint of the arbitration community. We can all be drivers for change.
In connection to the SCC signing the Green Pledge and joining the campaign for Greener Arbitrations Sub-Committee, we are also launching an internal project to document the actions already taken by the SCC, and further analyse our own environmental footprint. As part of this, we are currently planning various communication initiatives to raise awareness of the work with the Green Protocols and hopefully contribute to them getting a wide spread in the arbitral community.
Listen to the Arbitration Insider podcast, episode 1 >>here
Learn more about the campaign for Greener Arbitrations and the Green Pledge >>here
SCC Forecast: A brand new tool in the toolbox
We constantly assess the tools that we offer our users. Are they still right for the times? Or do they need a new feature, an improvement, a sharper blade? Or is something missing from the toolbox?
This month, the SCC is adding a new tool to the dispute toolbox: the SCC Rules for Express Dispute Assessment, or SCC Express for short. We designed this tool with resource efficiency in mind, crafted it carefully together with a special task force, and are now eagerly waiting for our users to pick it up and start building something with it. (Yes, I do plan to stick with the handyman metaphor.)
Our mission at the SCC is to promote trade. We do this by making sure that companies spend the least possible amount of time and resources on disputes, leaving them free to focus on their core business, building important relationships, or perhaps innovating to save the planet. Promoting trade is why we strive to offer the most suitable, up-to-date mechanisms – the sharpest tools, one might say – to resolve disputes big or small, complex or singular, between litigious or solution-oriented parties.
We constantly assess the tools that we offer our users. Are they still right for the times? Or do they need a new feature, an improvement, a sharper blade? Or is something missing from the toolbox? This continuous process of self-evaluation has already resulted in several upgrades and additions – expedited arbitration, emergency arbitrator proceedings, summary procedure in the SCC Arbitration Rules, and most recently, the SCC Platform and the Ad Hoc Platform. SCC Express is the next link in this chain of innovation.
A couple of years ago, we began noticing a number of trends that seemed to indicate it might be time to add something new to our toolbox. For example:
We saw emergency arbitrator applications that quite clearly did not meet – or even try to meet – the “urgency” requirement, but rather seemed geared toward receiving a prima facie assessment of the merits of the case.
Third party funders told us that their assessments and funding offers were being used in settlement negotiations to show the strength of a party’s case.
We heard anecdotic evidence that there were some large contracts out there that included expedited arbitration, revealing the parties’ willingness to use a more scaled-back procedure also for higher-value disputes.
And then one day, someone reached out to us and, perhaps half-jokingly, requested a mechanism that would provide a legal assessment of a dispute, in a short amount of time, at a fixed price. Like a dispute resolution board, but not limited to long-term contracts. Like mediation, but with an outcome that is more like an arbitral award. Like emergency arbitration, but without the emergency. And then someone else reached out, with a similar question. And then the question was posed in a panel I attended.
These indicators led us to convene a task force, conduct a user survey, and eventually, to pick up a pencil and start sketching the outlines of a new tool – the SCC Rules for Express Dispute Assessment. The result is a consent-based, confidential and efficient process designed to give parties a legal assessment of their dispute in three weeks, for a fixed fee (EUR 29 000). There is a set format and procedure, removing the need for party agreement, but some flexibility is available for parties that do agree.
The most recent Queen Mary Survey reported respondents saying that “arbitration is becoming increasingly overformalistic, at the expense of efficiency.” SCC Express seeks to evade the formalism but still give the parties an idea of how an arbitrator would assess or decide their dispute. This may help them reach settlement, or to narrow the scope and increase the efficiency of an ensuing arbitration.
We know from experience that we cannot always predict how a tool will be used. So please, grab it from the toolbox, try it out, and pass it around the dispute resolution community. We look forward to seeing how and for what you will use it. We also welcome community input during our upcoming events on SCC Express: June 10 for Swedish users and October 7 for international users.