SCC ExpArb SCC Expedited Arbitration Rules (2023)
SCC ExpArb
SCC Expedited Arbitration Rules (2023)
Article 1 – Emergency arbitrator
(1) A party may apply for the appointment of an emergency arbitrator until the case has been referred to the Arbitrator pursuant to Article 23 of the Rules for Expedited Arbitrations.
(2) The powers of the emergency arbitrator shall be those set out in Article 38 (1)-(3) of the Rules for Expedited Arbitrations. Such powers terminate on referral of the case to the Arbitrator pursuant to Article 23 of the Rules for Expedited Arbitrations, or when an emergency decision ceases to be binding according to Article 9 (4) of this Appendix.
Article 2 – Application for the appointment of an emergency arbitrator
An application for the appointment of an emergency arbitrator shall include:
(i) the names, addresses, telephone numbers and e-mail addresses of the parties and their counsel;
(ii) a summary of the dispute;
(iii) a statement of the interim relief sought and the reasons therefor;
(iv) a copy or description of the arbitration agreement or clause under which the dispute is to be settled;
(v) comments on the seat of the emergency proceedings, the applicable law(s) and the language(s) of the proceedings; and
(vi) proof of payment of the costs for the emergency proceedings pursuant to Article 10 (1) of this Appendix.
Article 3 – Notice
As soon as an application for the appointment of an emergency arbitrator has been received, the Secretariat shall send the application to the other party.
Article 4 – Appointment of the emergency arbitrator
(1) The Board shall seek to appoint an emergency arbitrator within 24 hours of receipt of the application.
(2) An emergency arbitrator shall not be appointed if the SCC manifestly lacks jurisdiction over the dispute.
(3) Article 20 of the Rules for Expedited Arbitrations applies to the challenge to an emergency arbitrator, except that a challenge must be made within 24 hours from the time the circumstances giving rise to the challenge became known to the party.
(4) An emergency arbitrator may not act as an arbitrator in any future arbitration relating to the dispute, unless otherwise agreed by the parties.
Article 5 – Seat of the emergency proceedings
The seat of the emergency proceedings shall be that which has been agreed upon by the parties as the seat of the arbitration. If the seat of the arbitration has not been agreed by the parties, the Board shall determine the seat of the emergency proceedings.
Article 6 – Referral to the emergency arbitrator
Once an emergency arbitrator has been appointed, the Secretariat shall promptly refer the application to the emergency arbitrator.
Article 7 – Conduct of the emergency proceedings
Article 24 of the Rules for Expedited Arbitrations shall apply to the emergency proceedings, taking into account the urgency inherent in such proceedings.
Article 8 – Emergency decisions on interim measures
(1) Any emergency decision on interim measures shall be made no later than five days from the date the application was referred to the emergency arbitrator pursuant to Article 6 of this Appendix. The Board may extend this time limit upon a reasoned request from the emergency arbitrator, or if otherwise deemed necessary.
(2) Any emergency decision on interim measures shall:
(i) be made in writing;
(ii) state the date when it was made, the seat of the emergency proceedings and the reasons upon which the decision is based; and
(iii) be signed by the emergency arbitrator.
(3) The emergency arbitrator shall promptly deliver a copy of the emergency decision to each of the parties and to the SCC.
Article 9 – Binding effect of emergency decisions
(1) An emergency decision shall be binding on the parties when rendered.
(2) Upon a reasoned request of a party, the emergency arbitrator may amend or revoke the emergency decision.
(3) By agreeing to arbitration under the Rules for Expedited Arbitrations, the parties undertake to comply with any emergency decision without delay.
(4) The emergency decision ceases to be binding if:
(i) the emergency arbitrator or an Arbitrator so decides;
(ii) an Arbitrator makes a final award;
(iii) arbitration is not commenced within 30 days from the date of the emergency decision; or
(iv) the case is not referred to an Arbitrator within 90 days from the date of the emergency decision.
(5) An Arbitrator is not bound by the decision(s) and reasons of the emergency arbitrator.
Article 10 – Costs of the emergency proceedings
(1) The party applying for the appointment of an emergency arbitrator shall pay the costs set out in paragraph (2) (i) and (ii) below upon filing the application.
(2) The costs of the emergency proceedings include:
(i) the fee of the emergency arbitrator, in the amount of EUR 16 000;
(ii) the application fee of EUR 4 000; and
(iii) the reasonable costs incurred by the parties, including costs for legal representation.
(3) At the request of the emergency arbitrator, or if otherwise deemed appropriate, the Board may decide to increase or reduce the costs set out in paragraph (2) (i) and (ii) above, having regard to the nature of the case, the work performed by the emergency arbitrator and the SCC and any other relevant circumstances.
(4) If payment of the costs set out in paragraph (2) (i) and (ii) above is not made in due time, the Secretariat shall dismiss the application.
(5) At the request of a party, the emergency arbitrator shall in the emergency decision apportion the costs of the emergency proceedings between the parties.
(6) The emergency arbitrator shall apply the principles of Articles 49 (6) and 50 of the Rules for Expedited Arbitrations when apportioning the costs of the emergency proceedings.
Quelle: SCC
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