Environmental Engineering Reference
In-Depth Information
some parties is that the LCIA is not as involved in arbitration proceedings as other
institutions. 160 In addition, the LCIA Arbitration Rules amended in 1998 (LCIA
Rules) include only few provisions on multi-party arbitrations. 161 Unlike the ICC
Court, the Arbitration Court does not scrutinize the arbitration award. 162 The LCIA
does not differ a lot to the ICC, since most arbitrators are the same. 163 Finally, there
is the question of the focus of the LCIA. Some claim that the LCIA is the proper
choice if the applicable law is Anglo-American and future settlements should be in
Anglo-American parts of the world 164 ; although this is disputed. 165
2.2.1.3 Stockholm Chamber of Commerce
Unlike the ICSID, ICC and the LCIA, the 1917 Stockholm Chamber of Commerce
(SCC) is a regional arbitration institution which can arbitrate international cases. 166
Nevertheless, the SCC is a neutral, competent and high-quality arbitration institu-
tion. 167 It also attracts cases from all over the world. 168 The SCC Arbitration Rules
amended in 2010 (SCC Rules) are similar to the UNCITRAL Rules. 169 The
Arbitration Institute of the SCC is an independent entity within the Stockholm
Chamber of Commerce, as stipulated in Art. 1 Appendix I of the SCC Rules. Art.
2 Appendix I of the SCC Rules mentions that the SCC does not decide the disputes
itself, but assists. The SCC encompasses arbitrational dispute resolution within the
framework of the SCC Institute administration (Art. 1 Appendix I of the SCC
Rules). The daily management is handled by the Secretariat. 170 According to Art.
8 Appendix I of the SCC Rules, the Board can also assign functions to the
Secretariat. The Board is the decision-making component within the SCC Institute
and decides on questions of e.g. arbitrator nomination or prima facie decisions on
jurisdiction, as stipulated in Art. 6 Appendix I of the SCC Rules.
160 Kutty ( 2006 ), 565 (574); Bellhouse et al. ( 2010 ), 101 (112).
161 Bellhouse et al. ( 2010 ), 101 (112).
162 Bellhouse et al. ( 2010 ), 101 (103).
163
McIlwrath and Savage ( 2010 ), 47-48 para 1-100.
164
Bellhouse et al. ( 2010 ), 101 (102); Metje ( 2008 ), 172; 30 % of all cases stem from UK and US,
in: McIlwrath and Savage ( 2010 ), 47 para 1-099.
165
Bellhouse et al. ( 2010 ), 101 (112).
166
Metje ( 2008 ), 173-174; Concerning establishment, in: SCC ( 2014a ); McIlwrath and Savage
( 2010 ), 53 para 1-121.
167 McIlwrath and Savage ( 2010 ), 53 para 1-121.
168 SCC ( 2014a ); Bagner and Dandenell ( 2010 ), 123 (123); McIlwrath and Savage ( 2010 ), 54 para
1-123.
169 HobĀ“r and Mckechnie ( 2007 ), 261 (261 et seq.); Metje ( 2008 ), 174.
170 SCC ( 2014a ); Bagner and Dandenell ( 2010 ), 123 (124).
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