The Parties' Contract with the Arbitration Institution - Chapter 35 - Between East and West: Essays in Honour of Ulf Franke

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Between East and West: Essays in Honour of Ulf Franke - Hardcover 

Between East and West: Essays in Honour of Ulf Franke - Electronic

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The Parties' Contract with the
Arbitration Institution

Christer Söderlund*

I. INTRODUCTION

There can be no doubt that the SCC Institute has enjoyed remarkable
success-- particularly in the last ten, fifteen years--in terms of recognition
by the business community. This remarkable success is in large measure
due to the SCC Institute's General Secretary of long standing, Ulf Franke,
who, by a unique combination of flair, wisdom, energy, and efficiency, has
managed the development of the institution's dispute resolution services
to meet the changing and increasing demands from parties in quest of
efficient dispute resolution services, particularly in the international realm.
In this connection it may be allowed to offer some views on the
relationship between parties seeking institutional support for their dispute
resolution needs and the arbitral institutions, a subject not often subject to
discussion.

II. THE ROLE OF THE ARBITRAL INSTITUTION

Arbitral institutions are service providers. However, they are not
business enterprises in any stricter sense, and, in fact, their operations do,
as a rule, only break even at best. Already for this reason, no arbitral
institution is operated for the sole purpose of profit. Instead, they are
normally part of--or are in themselves--something that could be classified
as NGOs. The SCC Institute, for instance, is an integral part of the
Stockholm Chamber of Commerce, although independently managed. The
ICC is an integral part of the International Chamber of Commerce. LCIA is
an independent institution.

It is reasonable that arbitration institutions should appear in this
form: They do not represent enticing business propositions. The
indispensable requirements for such an institution of permanence,
stability, and resilience against short-termism, make this necessary.
Arbitral institutions are normally of a venerable age--ICC in Paris
started its dispute resolution services in 1923, LCIA in London is the
evolution of a dispute resolution service that was initiated way back at the
beginning of the last century and the SCC Institute in Stockholm has been
providing facilities for dispute resolution since more than seventy years
ago (although it is only in the last thirty years that its dispute resolution
services have picked up speed). It is hardly conceivable to start up any

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    

Christer Söderlund is a Partner with the Vinge law firm, Stockholm and a former member of the Board of the SCC Institute.  He serves as an arbitrator and has been appointed by the Swedish Government to the ICSID Panel of Arbitrators.