1999年斯德哥尔摩商会加速仲裁规则

　　RULES FOR EXPEDITED ARBITRATIONS OF THE STOCKHOLM CHAMBER OF COMMERCE

　　Adopted by the Stockholm Chamber of Commerce and in force as of 1 April 1999.

　　I. INITIATION OF PROCEEDINGS

　　Article 1

　　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； and

　　（iv） a copy of the arbitration agreement or clause under which the dispute is to be settled.

　　Article 2

　　Registration Fee

　　（1） Together with the Request for Arbitration, 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 for Expedited Arbitrations 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 3 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 4

　　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 5

　　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 6

　　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 comments regarding the Request for Arbitration by the Claimant.

　　（2） If the Respondent wishes to raise any objection concerning the validity or applicability of the arbitration agreement, it shall be contained in the Reply and shall include the reasons therefore.

　　（3） If the Respondent wishes to file a counterclaim or a set-off claim, a statement to that effect shall be made in the Reply and shall include the nature of the claim and a preliminary statement of the relief sought. The grounds for any counterclaim and 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 7

　　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） The SCC Institute may extend any relevant period of time according to the requirements of each case.

　　Article 8

　　Notice

　　（1） Any notice or other communication from the SCC Institute shall be delivered to the last known address of the addressee.

　　（2） Any notice or other communication shall be delivered by courier or registered mail, facsimile transmission, e-mail or by any other means of communication that provides a record of the sending thereof.

　　（3） A notice or communication sent in accordance with paragraph two shall be deemed to have been received, by the addressee, at the latest on the date it would normally have been received given the chosen means of communication.

　　Article 9

　　Appointment of Arbitrator and Place of Arbitration

　　When the exchange of written submissions pursuant to Articles 1 - 7 has been concluded, the SCC Institute shall：

　　（i） appoint an Arbitrator, if not agreed upon by the parties；

　　（ii） decide the Place of Arbitration, if not agreed upon by the parties； and

　　（iii） fix the Advance on Costs pursuant to Article 10.

　　Article 10

　　Advance on Costs

　　（1）The Advance on Costs shall be equivalent to the estimated amount of the Arbitration Costs pursuant to Article 34.[page]

　　（2） Each party shall contribute half of the Advance on Costs. The SCC Institute may fix separate amounts for counterclaims and set-off claims. After notification by the Arbitrator, the SCC Institute may, in the course of the proceedings, decide that additional amounts are to be paid.

　　（3） If a party fails to make a required payment, the SCC Institute shall afford the other party an opportunity to do so within a specified period of time. If the required payment is not made, the case shall be dismissed either wholly or partly to such extent as is attributable to the missing payment.

　　（4） The SCC Institute may during or after the proceedings draw on the Advance on Costs to cover the fee of the Arbitrator and other arbitration costs.

　　（5） The SCC Institute may decide that the Advance on Costs may partly consists of a bank guarantee or other form of security.

　　Article 11

　　Referral of a Case to the Arbitrator

　　When the Arbitrator has been appointed and the Advance on Costs has been paid, the SCC Institute shall refer the case to the Arbitrator.

　　II. THE ARBITRATOR

　　Article 12

　　Appointment of the Arbitrator

　　（1） The arbitral tribunal shall consist of a sole Arbitrator who shall be appointed by the SCC Institute, unless otherwise agreed by the parties.

　　（2） If the Arbitrator dies, resigns or is removed, the SCC Institute shall appoint another Arbitrator.

　　（3） If the parties are of different nationalities the SCC Institute shall appoint an Arbitrator of a nationality other than of the parties, unless the parties have agreed differently or if otherwise deemed appropriate by the SCC Institute.

　　Article 13

　　Impartiality and Independence and Duty of the Arbitrator to Disclose

　　（1） An arbitrator must be impartial and independent.

　　（2） A person asked to accept an appointment as arbitrator must disclose any circumstances likely to give rise to justifiable doubts as to his impartiality and independence. If he is nevertheless appointed, he shall immediately, in a written statement, make the same disclosure to the parties.

　　（3） An arbitrator who in the course of the arbitral proceedings, becomes aware of any circumstances which may disqualify him, must immediately, in writing, inform the parties thereof.

　　Article 14

　　Challenge of the Arbitrator

　　（1） Where a party wishes to challenge the Arbitrator that party shall send a written statement to the SCC Institute, setting forth the reasons for the challenge.

　　（2） Notification of a challenge must be made within 15 days as from the date on which the allegedly disqualifying circumstance became known to the party. Failure by a party to notify the SCC Institute of a challenge within the stipulated period of time will be considered a waiver of the right to initiate such a challenge.

　　（3） The SCC Institute shall provide the parties and the Arbitrator an opportunity to comment on the challenge.

　　（4） The SCC Institute shall take the final decision on the challenge. If the SCC Institute finds that an arbitrator is disqualified, it shall remove the arbitrator.

　　Article 15

　　Removal of the Arbitrator

　　（1） Where the Arbitrator is prevented from de facto fulfilling his duties or fails to perform his functions in an adequate manner, the SCC Institute shall remove the Arbitrator.

　　（2） Before removing the Arbitrator, the SCC Institute shall solicit the views of the parties and the Arbitrator.

　　III. THE PROCEEDINGS BEFORE THE ARBITRATOR

　　Article 16

　　The Procedure Before the Arbitrator

　　（1） The manner of conducting the proceedings is to be determined by the Arbitrator in compliance with the conditions set down in the arbitration agreement and these Rules, with due account taken to the wishes of the parties.

　　（2） The Arbitrator shall ensure the confidentiality of the arbitration and conduct each case in an impartial, practical and expeditious manner, giving each party sufficient opportunity to present its case. The parties must seek to limit the scope of the case.

　　（3） The Arbitrator may, after consultation with the parties, decide to conduct hearings at a location other than the Place of Arbitration.

　　（4） The Arbitrator shall prepare and distribute to the parties a time schedule for the proceedings.

　　（5） The following shall apply to the proceedings, unless the Arbitrator, for special reasons, decides otherwise.

　　（i） In addition to the Statement of Claim and the Statement of Defence, the parties each may only submit one written statement, including statements of evidence；

　　（ii） the statements must be brief； and

　　（iii） the time limits within which the documents shall be submitted may not exceed ten working days.

　　（6） The Arbitrator may order a party to finally state his claims for relief and the facts relied on as grounds thereof, and the evidence on which the party relies. At the expiration of the time period for such statement, the party may not amend his claim for relief nor adduce additional facts or evidence, unless the Arbitrator, for special reasons, so permits.[page]

　　（7） Article 8 shall apply with respect to communication from the Arbitrator.

　　Article 17

　　Statement of Claim and Defence

　　（1） The Claimant shall, within the period of time determined by the Arbitrator, submit a Statement of Claim which, unless previously provided in the case, shall include：

　　（i） the specific relief sought；

　　（ii） the material facts and circumstances on which the Claimant relies； and

　　（iii） a preliminary statement of the evidence on which the Claimant intends to rely.

　　（2） The Respondent shall, within the period of time determined by the Arbitrator, submit a Statement of Defence, which, unless previously provided in the case, shall include：

　　（i） a statement as to whether and to what extent the Respondent accepts or opposes the relief sought by the Claimant；

　　（ii） the material facts and circumstances on which the Respondent relies；

　　（iii） any counterclaim or set-off claim and the grounds on which it is based；

　　（iv） a preliminary statement of the evidence on which the Respondent intends to rely.

　　（3） The Arbitrator may determine that the parties are to submit additional written statements.

　　Article 18

　　Amendments to Claim or Defence

　　（1） A party may amend his claim or defence in the course of the proceedings if his case, as amended, is still comprised by the arbitration agreement, unless the Arbitrator considers it inappropriate having regard to the point of time at which the amendments is requested, the prejudice that may be caused to the other party or other circumstances.

　　（2） The provisions of Article 6 shall not preclude the preceding paragraph from being applied with respect to the right of a party to introduce a counterclaim or a set-off claim.

　　Article 19

　　Language

　　Unless the parties have agreed in the arbitration agreement on the language or languages to be used in the proceedings, the Arbitrator shall, after consultation with the parties, make such decision.

　　Article 20

　　Applicable law

　　（1） The Arbitrator shall decide the merits of the dispute on the basis of the law or rules of law agreed by the parties. In the absence of such an agreement, the Arbitrator shall apply the law or rules of law which the Arbitrator considers to be most appropriate.

　　（2） Any designation made by the parties of the law of given state shall be construed as directly referring to the substantive law of that state and not to its conflict of law rules.

　　（3） The Arbitrator shall decide the dispute ex aequo et bono or as amiable compositeur only if the parties have expressly authorized the Arbitrator to do so.

　　Article 21 Oral Hearing

　　An oral hearing shall be arranged only if requested by either party and if the Arbitrator deems it necessary. If a hearing is held the Arbitrator, taking into account the wishes of the parties, shall determine the time for the hearing, its duration and how is to be organised, including the manner in which evidence is to be presented.

　　Article 22

　　Evidence

　　（1） At the request of the Arbitrator, the parties shall state the evidence on which they intend to rely, specifying what they intend to prove with each item of evidence, and shall present documentary evidence on which they rely.

　　（2） The Arbitrator may refuse to accept evidence submitted to him if such evidence is considered to be irrelevant, non-essential or if proof can be established by other means which the Arbitrator considers more convenient or less expensive.

　　Article 23

　　Expert

　　（1） Unless otherwise agreed by the parties, the Arbitrator may appoint one or more experts to report to the Arbitrator on a specific issue.

　　（2） At the request of a party, the parties shall be given the opportunity to put questions to any such expert.

　　Article 24

　　Failure of a Party to Appear

　　If any of the parties fails, without showing valid cause, fails to appear at a hearing or otherwise to comply with an order of the Arbitrator, such failure shall not prevent the Arbitrator from proceeding with the case nor from rendering an award.

　　Article 25

　　Failure to Object to Procedural Irregularities

　　A party, who during the proceedings fails to object within a reasonable time to any deviation from provisions of the arbitration agreement, these Rules or other rules applicable to the proceedings, shall be deemed to have waived his right to rely on such irregularity.

　　Article 26

　　Interim Measures

　　（1） Unless the parties have agreed otherwise, the Arbitrator may, during the course of the proceedings and at the request of a party, order a specific performance by the opposing party for the purpose of securing the claim which is to be tried by the Arbitrator. The Arbitrator may order the requesting party to provide reasonable security for damage which may be inflicted on the opposing party as a result of the specific performance in question.[page]

　　（2） A request addressed by a party to a judicial authority for interim measures shall not be deemed to be incompatible with the arbitration agreement or these Rules.

　　IV. THE AWARD

　　Article 27

　　Award

　　（1） The award shall be deemed to have been rendered at the Place of Arbitration. The award shall be signed by the Arbitrator. It shall state the date on which it was rendered. In addition to information about the parties and the Arbitrator, it shall contain an order or declaration. The Award shall also in brief include the relief claimed by the parties together with supporting statements. A party may request a reasoned award no later than at the closing statement.

　　（2） If a settlement is reached, the Arbitrator may, at the request of the parties, record the settlement in the form of an Award.

　　（3） The Arbitration Costs, in accordance with Article 34, and its apportionment between the parties shall be fixed in the Award or other order by which the arbitral proceedings are terminated. An award may be rendered solely for costs.

　　（4） The Arbitrator shall immediately send the Award to the parties.

　　Article 28

　　Time for Rendering an Award

　　An award shall be rendered not later than three months as from the dated when the case was referred to the Arbitrator. The SCC Institute may extend the period of time for rendering an Award.

　　Article 29

　　Separate Award

　　（1） At the request of a party, a separate issue or part of the matter in dispute may be decided by a Separate Award.

　　（2） Where a party has partially admitted a claim, separate award, based on such admission may be rendered.

　　Article 30

　　Right to Request an Award

　　（1） If a party withdraws a claim, the Arbitrator shall dismiss such part of the dispute, unless the other party requests the Arbitrator to rule on the claim.

　　（2） If a party, who has not paid an Advance on Costs, requests the Arbitrator to rule on a withdrawn claim, the SCC Institute may, as a condition for such ruling, order the requesting party to pay an Advance on Costs.

　　Article 31

　　Final and Binding Award

　　When rendered an Award is final and binding for the parties.

　　Article 32

　　Correction of an Award and Additional Award

　　（1） Any obvious miscalculation or clerical error in an Award or Decision shall be corrected by the Arbitrator.

　　（2） Within 30 days of receiving the Award, the Arbitrator shall, if a party so requests, decide a question which should have been decided in the Award but which was not decided therein.

　　（3） Within 30 days of receiving the Award, the Arbitrator may, if a party so requests, provide an interpretation thereof in writing.

　　（4） Before the Arbitrator takes any action in accordance with the second and third paragraphs, the views of the parties shall be solicited.

　　Article 33

　　Filing of Awards

　　An Arbitrator shall, after the close of the proceedings, submit to the SCC Institute one copy of every Award and written order issued in the case, as well as of all the recorded minutes therein. The above mentioned documents shall be kept on file by the SCC Institute.

　　V. COST

　　Article 34

　　Arbitration Costs

　　（1） The Arbitration Costs consists of

　　（i） the Arbitrator′s fee

　　（ii） the Administrative Fee to the SCC Institute

　　（iii） compensation due to the Arbitrator and the SCC Institute to cover their expenses during the proceedings.

　　（iv） the fees and expenses of any expert appointed by the Arbitrator pursuant to Article 23.

　　（2） Amounts referred to in sections （i） through （iii） above shall be finally fixed by the SCC Institute in accordance with the Regulations for Arbitration Costs for Expedited Arbitrations in force at the time of the commencement of the arbitration. The amounts in section （iv） shall be finally fixed by the Arbitrator.

　　Article 35

　　Payment of Arbitration Costs

　　（1） The parties are jointly and severally liable for all payments of all costs mentioned in Article 34.

　　（2） The Arbitrator decides on the apportionment of the arbitration costs as between the parties with regard to the outcome of the case and other circumstances.

　　Article 36

　　Costs Incurred by a Party

　　Unless the parties have agreed otherwise, the Arbitrator may, at the request of a party, in an Award or other order by which the arbitral proceedings are terminated order the losing party to compensate the other party for legal representation and other expenses for presenting its′ case.

　　VI. EXCLUSION OF LIABILITY

　　Article 37

　　Exclusion of Liability

　　The SCC Institute is not liable to any party for any act or omission in connection with the arbitration unless such act or omission is shown to constitute wilful misconduct or gross negligence by the SCC Institute. The Arbitrator is liable only if shown to have caused damage by wilful conduct or gross negligence.[page]

　　VII. EFFECTIVENESS

　　These Rules enter into force on 1 April 1999 and will replace the former Rules for Expedited Arbitrations. These Rules will be applied to any arbitration commenced on or after this date, unless otherwise agreed by the parties.