MEDIATION RULES OF THE SCC ARBITRATION INSTITUTE
THE SCC ARBITRATION INSTITUTE
Article 1About the SCC
The SCC Arbitration Institute (the “SCC”) administers disputes in accordance with the Arbitration Rules of the SCC, the Rules for Expedited Arbitrations of the SCC and other rules and procedures adopted by the Stockholm Chamber of Commerce (together, the “SCC Rules”). The SCC is composed of a board of directors (the “Board”) and a secretariat (the “Secretariat”). Under these Mediation Rules (the “Mediation Rules”), one or more mediators (the “Mediator”) assist the parties in resolving the dispute. Detailed provisions regarding the organisation of the SCC are set out in Appendix I.
THE MEDIATION AGREEMENT
Article 2The Mediation agreement and its effects
Unless otherwise agreed by the parties an agreement to mediate pursuant to the Mediation Rules does not constitute a bar to court proceedings or a bar to initiate arbitration.
CONFIDENTIALITY
Article 3Confidentiality
Unless otherwise agreed by the parties, the parties, the SCC and the Mediator shall not disclose the existence of the mediation or its outcome, or use any information learned in the context of the mediation, whether in a subsequent arbitration or otherwise.
The Mediator may not disclose information to a party that the Mediator has obtained in separate discussions with another party unless the disclosing party has authorised such disclosure.
COMMENCEMENT OF THE MEDIATION
Article 4Request for mediation
(1) Mediation shall be deemed to commence on the date the Secretariat receives the request for mediation.
(2) The request for mediation 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 copy or description of the mediation agreement or clause under which the dispute is to be settled; and
(iv) proof of payment of the administrative fee of EUR 4 000.
(3) If the administrative fee is not paid upon filing the request for mediation, the Secretariat shall set a time period within which the party or parties requesting mediation shall pay the administrative fee. If the administrative fee is not paid within this time period, the Secretariat shall dismiss the request for mediation.
(4) Where a request for mediation is submitted by only one party, the Secretariat shall communicate the request to the other party or parties who shall be asked to state whether they agree to participate in the mediation.
(5) If the other party or parties do not agree to participate in the mediation, the Secretariat shall dismiss the request for mediation. If some but not all of the other parties agree to the mediation, the mediation shall proceed between those parties and the requesting party or parties.
THE MEDIATOR
Article 5Appointment of Mediators
(1) Unless otherwise agreed by the parties, the case shall be referred to one Mediator, who shall be appointed by the Board. The Board shall take into consideration any proposals made by the parties, the nature and circumstances of the dispute, the applicable law, and the nationality and language of the parties.
(2) If the parties jointly appoint a person to act as Mediator, the SCC shall confirm such appointment.
(3) Unless otherwise agreed by the parties, where more than one Mediator is to be appointed, each party shall appoint an equal number of Mediators and, in case of an odd number, the Board shall appoint one of the Mediators to act as chairperson.
Article 6Impartiality, independence, and availability
(1) Every Mediator must be impartial and independent.
(2) Before being appointed, a prospective Mediator shall disclose any circumstances that may give rise to justifiable doubts as to the prospective Mediator’s impartiality or independence.
(3) Once appointed, the Mediator shall submit to the Secretariat a signed statement of acceptance, availability, impartiality, and independence, disclosing any circumstances that may give rise to the Mediator’s impartiality or independence. The Secretariat shall send a copy of the statement of acceptance, availability, impartiality and independence to the parties and any other Mediators.
(4) A Mediator shall immediately inform the parties and the other Mediators in writing if any circumstances that may give rise to justifiable doubts as to the Mediator’s impartiality or independence arise during the course of the mediation. Unless otherwise agreed by the parties, a Mediator may not act as arbitrator in any future arbitrations relating to the subject matter of the dispute.
Article 7Release from appointment
(1) Where a Mediator is unable to perform his or her duties or fails to perform his or her functions, or is no longer accepted by the parties, the Board shall release the Mediator from appointment and appoint a new Mediator in accordance with Article 6.
(2) Before the Board releases a Mediator, the Secretariat may give the parties and the Mediator an opportunity to submit comments.
Article 8Referral of a dispute to the Mediator
When the Mediator has been appointed and the costs of the mediation have been paid, the Secretariat shall refer the dispute to the Mediator.
THE PROCEEDINGS
Article 9Conduct of the mediation by the Mediator
(1) The Mediator shall act diligently to ensure that the mediation is conducted without undue delay.
(2) The Mediator shall consult with the parties to establish a timetable and to decide on any further details regarding the procedure of the mediation.
(3) Each party shall be given an equal and reasonable opportunity to explain its position.
(4) Unless otherwise agreed by the parties, the Mediator shall have the right to consult privately with each party.
TERMINATION OF THE MEDIATION
Article 10Termination
(1) The mediation shall be terminated:
(i) by a settlement agreement between the parties;
(ii) by a declaration of the Mediator to the parties to the effect that further efforts of mediation are unlikely to lead to the resolution of the dispute; or
(iii) by a written request from a party to the Mediator that the me diation shall be terminated.
(2) Upon the termination of the mediation, the Mediator shall notify the SCC.
Article 11Confirmation of a settlement agreement in an arbitral award
In case of settlement, the parties may, subject to the consent of the Mediator, agree to appoint the Mediator as an arbitrator and request him or her to confirm the settlement agreement in an arbitral award.
COSTS
Article 12Costs of the mediation
(1) The costs of the mediation consist of:
(i) the fee of the Mediator, in the amount of EUR 16 000; and
(ii) the non-refundable administrative fee of EUR 4 000.
(2) Any co-mediators shall each receive 60 per cent of the fee of the chairperson. After consultation with the mediators, the Board may decide that a different percentage shall apply.
(3) Unless otherwise agreed by the parties, the cost of the mediation and reasonable expenses of the Mediator and/or the SCC shall be paid by the parties in equal shares.
(4) In exceptional circumstances, the Board may decide to increase or reduce the fee of the Mediator set out in paragraph (1) above, having regard to the length of the proceedings, the work required of the Mediator, and any other relevant circumstances.
(5) If payment of the costs set out in paragraph (1) above is not made in due time, the Board shall dismiss the request.
(6) The parties are jointly and severally liable to the Mediator and to the SCC for the costs of the mediation.
Appendix I: Organisation
Article 1About the SCC
The SCC is a body providing administrative services in relation to the settlement of disputes. The SCC is part of the Stockholm Chamber of Commerce but is independent in exercising its functions in the administration of disputes. The SCC is composed of the Board and the Secretariat.
Article 2Function of the SCC
The SCC does not itself decide disputes. The function of the SCC is to:
(i) administer domestic and international disputes in accordance with the SCC Rules; and
(ii) provide information concerning arbitration and mediation matters.
Article 3The Board
The Board shall be composed of one chairperson, a maximum of three vice-chairpersons and a maximum of 12 additional members. The Board shall include both Swedish and non-Swedish nationals.
Article 4Appointment of the Board
The Board shall be appointed by the board of directors of the Stockholm Chamber of Commerce (the “Board of Directors”). The members of the Board shall be appointed for a period of three years and, unless exceptional circumstances apply, are only eligible for re-appointment in their respective capacities for one further three-year period.
Article 5Removal of a member of the Board
In exceptional circumstances, the Board of Directors may remove a member of the Board. If a member resigns or is removed during a term of office, the Board of Directors may appoint a new member for the remainder of the term.
Article 6Function of the Board
The function of the Board is to take the decisions required by the SCC in administering the dispute under the SCC Rules. Such decisions include decisions on the jurisdiction of the SCC, determination of the costs of the mediation, appointment of Mediators and release of Mediators.
Article 7Decisions by the Board
Two members of the Board form a quorum. If a majority is not attained, the chairperson has the casting vote. The chairperson or a vice chairperson may take decisions on behalf of the Board in urgent matters.
A committee of the Board may be appointed to take certain decisions on behalf of the Board. The Board may delegate decisions to the Secretariat, including dismissal for non-payment of the administrative fee and release of Mediators. Decisions by the Board are final. Dismissal of a case by the Board or the Secretariat in whole or in part has no preclusive effect.
Article 8The Secretariat
The Secretariat acts under the direction of a secretary general. The Secretariat carries out the functions assigned to it under the SCC Rules.
The Secretariat may also take decisions delegated to it by the Board.
Article 9Procedures
The SCC shall maintain the confidentiality of the mediation and shall deal with the mediation in an impartial, efficient, and expeditious manner.