SCC Clauses

The SCC's model arbitration clauses are set out below (click on SCC for more on the SCC)

Model Arbitration Clause

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute.

Recommended additions:

The seat of arbitration shall be […].

The language to be used in the arbitral proceedings shall be […].

This contract shall be governed by the substantive law of […].

Model Arbitration Clause for Expedited Arbitrations

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the SCC Arbitration Institute.

Recommended additions:

The seat of arbitration shall be […].

The language to be used in the arbitral proceedings shall be […].

This contract shall be governed by the substantive law of […].

Model Combined clause (1) – Rules for Expedited Arbitrations as first choice

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the SCC Arbitration Institute (the “SCC”).

The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

Recommended additions:

The seat of arbitration shall be […].

The language to be used in the arbitral proceedings shall be […].

This contract shall be governed by the substantive law of […].

Model Combined clause (2) – Value based

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the SCC Arbitration Institute (the “SCC”).

The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed EUR 100,000. Where the amount in dispute exceeds EUR 100,000 the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds EUR 100,000 but not EUR 1,000,000. Where the amount in dispute exceeds EUR 1,000,000, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration.

Recommended additions:

The seat of arbitration shall be […].

The language to be used in the arbitral proceedings shall be […].

This contract shall be governed by the substantive law of […].

Model Mediation Clause (3) – Mediation followed by arbitration

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall first be referred to Mediation in accordance with the Mediation Rules of the SCC Arbitration Institute, unless one of the parties objects.

If one of the parties objects to Mediation or if the Mediation is terminated, the dispute shall be finally resolved...[insert one of the following options as appropriate]

[[Option 1] by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute.]

[[Option 2] by arbitration in accordance with the Rules for Expedited Arbitrations of the SCC Arbitration Institute.]

[[Option 3] by arbitration at the SCC Arbitration Institute (the "SCC"). The Rules for Expedited Arbitrations shall apply, unless the SCC, taking into account the complexity of the case, the amount in dispute and other circumstances, determines that the Arbitration Rules of the SCC Arbitration Institute shall apply. In the latter case, the SCC shall also decide whether the tribunal shall be composed of one or three arbitrators.]

Recommended additions:

The seat of arbitration shall be […].

The language to be used in the arbitral proceedings shall be […].

This contract shall be governed by the substantive law of […].