Just Published: ICLG's Investor-State Arbitration 2020
The guide includes an updated overview of SCC practice and procedure in investor-state cases, contributed by James Hope, a former member of the SCC Board. The chapter is entitled “Investor-State Arbitration Before the SCC”.
James Hope writes “The SCC will continue to work hard to promote the ISDS cases, and to ensure that the cases before it, are administered and run as well as possible. At a time when others question or even threaten the existence of ISDS arbitration, such work is as important as ever.
Stockholm: Several Perspectives on Third Party Financing
On October 23, SCC legal counsel Anja Ipp spoke at a seminar on third party financing of disputes organized by the Swedish Arbitration Association and the Swedish Women in Arbitration Network.
Dispute finance has been on a steady rise for the past few years, but is still relatively new in the Swedish context. At the seminar, Christine Deniger from Burford Capital shared with the Swedish audience her views on the current state of third party financing, and explained how funders can offer companies solutions that take the cost of disputes off the balance sheet. She talked about Burford’s process for evaluating disputes for potential financing, and emphasized that Burford, once it has stepped in as a funder, exercises no control over the parties or their counsel. Finally, Ms Deniger presented Burford’s initiative to help close the gender gap in law by instituting a fund dedicated to financing disputes led by women.
Mikael Wahlgren, former general counsel of several large Swedish companies, spoke from the claim holder’s perspective about the benefits and risks of bringing in an external funder, while Johan Sidklev, partner and head of Dispute Resolution practice at Roschier law firm, spoke from the perspective of counsel. Mr Sidklev also discussed the applicable legal and regulatory framework, noting that dispute financing is largely unregulated in Sweden.
SCC legal counsel Anja Ipp discussed how the increasing involvement of external funders and other third parties in disputes may give rise to undiscovered conflicts of interest. She emphasized that parties in an arbitration should consider disclosing the identity of any third parties with an interest in an outcome of the dispute, to ensure the neutrality of the arbitrators and the integrity of the arbitral proceedings. A policy encouraging such disclosure in SCC arbitrations was adopted by the SCC board in September 2019.
Austrian Arbitration Academy in cooperation with SHS, VIAC, YAAP and ArbAut
The intensive five-day program “Arbitration Rules in Practice”, on international commercial arbitration from an institutional perspective, will take place during 18–22 February 2020 in Vienna, Austria. Application deadline is 30 November 2019.
The Austrian Arbitration Academy – Arbitration Rules in Practice, is jointly organized by the Vienna International Arbitral Centre, the Young Austrian Arbitration Practitioners, the Austrian Arbitration Association and the Sommerhochschule of the University of Vienna. The program has been specifically devised for participants with first experience in the area of international arbitration, e.g. young practitioners working in the field of dispute resolution or PhD and diploma students specializing in arbitration.
The course will take place in Vienna and will consist of a taught module and participation in the Vienna Arbitration Days. SCC associate and former SCC Vice Chairperson Patricia Shaughnessy (University of Stockholm) is on the faculty together with other first class international arbitration practitioners such as for example Alice Fremuth-Wolf (VIAC, Vienna), Giuditta Cordero-Moss (University of Oslo), Stefan Riegler (Wolf Theiss, Vienna) and Friederike Schäfer (ICC, Paris).