Ulf Franke - Thirty-five Years and Afterwards - Chapter 13 - Between East and West: Essays in Honour of Ulf Franke

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Ulf Franke —Thirty-five Years and Afterwards

Johan Gernandt

I. INTRODUCTION

The Arbitration Institute of the Stockholm Chamber of Commerce
(the “SCC Institute”) was founded in 1917. At the beginning, the SCC
Institute handled mostly domestic and Nordic-regional cases. It started to
expand when Ulf Franke became Secretary General in 1975. Ulf Franke has
run the SCC Institute very successfully all these years since then.

The most important and significant event in the development of the
SCC Institute into a favoured venue for international arbitrations occurred
in 1977. At that time the American Arbitration Association (“AAA”) and
the USSR Chamber of Commerce and Industry (“USSR Chamber”) agreed
to recommend their respective members to include in their commercial
agreements a standard clause to resolve disputes in Stockholm. This
agreement was the result of a study of the Swedish Arbitration Act, which
began in 1973 with the help of the SCC Institute.

After the AAA and the USSR Chamber entered into their agreement
in 1977, the Chinese arbitration institute, China International Economic and
Trade Arbitration Commission (“CIETAC”), also became interested in
Sweden as a forum for the resolution of Chinese-related disputes. It has
since become customary for Chinese companies to choose the SCC Institute.
It is now possible to say that Ulf Franke’s appointment in 1975 was the start
of what has become a fantastic period of development for the SCC Institute.

Mr. Howard Holzmann (AAA), Professor Sergei Lebedev (USSR
Chamber) and Professor Tang Houzhi (CIETAC) have been leaders in this
development. All three were honoured for this in 2003 when they received
the Order of the Polar Star from His Majesty the King of Sweden at a
ceremony at the Royal Palace in Stockholm.

II. MAIN POINTS IN THE DEVELOPMENT OF THE SCC INSTITUTE

In 1992, the AAA and the Russian Chamber of Commerce (the USSR
Chamber´s successor) renewed the original 1977 agreement. CIETAC, as
noted above, followed after 1977 and recommended Chinese parties to
choose the Stockholm Rules, if the foreign party did not accept the
CIETAC Rules.

Full TABLE OF CONTENTS from "Between East and West: Essays in Honour of Ulf Franke"

FOREWORD  

When -- If Ever -- Should Failure to Challenge an
Award before the Courts of the Seat Amount to a
Waiver of New York Convention Defences?
    Frédéric Bachand   

The Role of the Institution in Taming Electronic Disclosure 
    C. Mark Baker and Kinan H. Romman   

Teaching International Arbitration in Law Faculties 
    Eric E. Bergsten   

Some Reflections on Dispute Settlement in Air,
Space, and Telecommunication Law 
    Karl-Heinz Böckstiegel   

Without Delay: Arbitrating in Six Months --
the German Approach for Expedited Proceedings 
    Jens Bredow   

The Power and Effectiveness of Pre-arbitral Provisional Relief:  
The SCC Emergency Arbitrator in Investor-State Disputes 
    Charles N. Brower, Ariel Meyerstein and Stephan W. Schill    
 
Do Arbitration Rules Give the Tribunals Too
Much Freedom to Conduct International Arbitration
As They Think Fit? 
    Peter Scott Caldwell   

Cross-Examination and International Arbitration 
    Bernardo M.  Cremades and David J. A. Cairns   

ICSID, UNCITRAL and SCC As Investment Fora
    Hans Danelius   

Towards a Unified Approach to the Law
Applicable to the Arbitration Agreement in
United States Courts 
    Donald Francis Donovan and David W. Rivkin   

Institutional Commercial Arbitration from the Inside
    Diana C. Droulers   

Arbitration in Arab Countries 
    Abdel Hamid El Ahdab   

Ulf Franke -- Thirty-five Years and Afterwards
    Johan Gernandt   

Voluntary Solutions to Procedural Problems
    Lars Göthlin and Mattias Bexelius   

Pre-Dispute Waivers of Investment Treaty Arbitration:
A Practical Approach
    Jeffrey Hertzfeld and Barton Legum   

Are Parties Entitled to Agree on the Application of
the UNCITRAL Model Law in a Contract Providing
for Arbitration in Sweden? 
    Lars Heuman   

Taking Evidence Abroad in International Arbitration
in the 21st Century 
    Martin Hunter and Andrey Panov   

Determining the Parties' True Choice of the Seat
of Arbitration and Lex Arbitri
    Michael Hwang and Darius Chan   

Is There a Code of Conduct for Party-appointed
Experts in International Arbitration?
    Mark Kantor   

Les Anciens et les Modernes in International Arbitration:
Looking Back and Looking Forward 
    Pierre A. Karrer   

Enforcement of SCC Arbitral Awards in CIS Countries:
Reflections on Arbitration History 
    Vladimir Khvalei   

Remarks on the Development of International
Commercial Arbitration in Modern Russia
    Alexander S. Komarov   

Corruption in International Investment Arbitration:
Jurisdiction and the Unclean Hands Doctrine 
    Richard Kreindler   

Discretion Pursuant to Article V of the New York Convention 
    Gustaf Möller   

Ulf Franke, Stockholm Arbitration, and the Bridge to China 
    Michael J. Moser   

Negative Inferences: An Arbitral Tribunal's Powers to
Draw Adverse Conclusions from a Party's Failure to
Comply with the Tribunal's Orders 
    Bo G.H. Nilsson   

Reflection on What Is Special in an Arbitrator's Life 
    Piotr Nowaczyk   

Participation in the ICSID Convention 
    Antonio R. Parra   

Security for Costs in Investment Arbitration 
    Jakob Ragnwaldh and Nils Eliasson   

Challenging Arbitrators' Fees Determined by
Arbitration Institutions
    Jan Ramberg and Serge Lazareff  

Incorporation and Passivity: Entering into Arbitration
Agreements under Swedish Law 
    Anders Reldén and Mattias Nilsson   

Contractual Relations in Institutional Arbitration
    Patrik Schöldström   

The New SCC Emergency Arbitrator Rules 
    Patricia Shaughnessy   

International Arbitration in Ukraine:
Yesterday, Today . . . Forever 
    Tatyana Slipachuk   

The Parties' Contract with the Arbitration Institution 
    Christer Söderlund   

Enforcement of SCC Arbitration Awards in China 
    Jingzhou Tao   

Arbitration Guidelines: Straitjacket or Compass?
    Hans van Houtte   

Users, Courts, Arbitral Institutions -- And the Need for
Comparative Statistics 
    V.V. Veeder and Amy Sander   

Improvement of the Civil Code of the Russian
Federation and Its Impact on Arbitration Practice
    Nina Vilkova   

Bringing Arbitration Closer to Company Management
and Boards: Can Arbitral Institutions Further
This Aspiration? 
    Carita Wallgren-Lindholm   

What Can You Expect? The Role of Legitimate
Expectations in Investment Protection Disputes 
    Fred Wennerholm   

The Impact of Document Production on the Efficiency
of Arbitration 
    Claes Zettermarck and Rikard Wikström   

Procedural Aspects of the Activities of Institutional
Arbitration Bodies
    Ivan S. Zykin    

Johan Gernandt is Counsel with the Vinge law firm. He is Chairman of the SCC Institute; Chairman of the Stockholm Centre for Commercial Law, Stockholm University; and a Member of the ICC Commission on International Arbitration.