The launch of the 鳞状细胞癌表达, a new Secretary General 和 the expansion of the Secretariat. 2021 has set new milestones on SCC´s journey despite the hardships related to the p和emic. 我们满怀信心地期待2022年的到来!
This past year has been amazingly eventful at the SCC with a new Secretary General, 扩大案例管理团队, 推出了一个新的纠纷解决工具- 鳞状细胞癌表达 和 鳞状细胞癌数字周 -为期一周的虚拟活动.
两年多来使用 e世博入口平台 为SCCe世博苹果的管理, 它提供了方, counsel 和 arbitrators with an efficient tool for cybersecure communication in arbitrations, 我们现在看到更多的机构也在效仿. This will help shape the future st和ards in arbitration as both arbitration practitioners 和 the end users have grown accustomed to new ways of working, 利用现有的技术来降低时间和成本. We welcome the trend of digitalizing our services towards the global business community, it does not only increase the efficiency in dispute resolution, but also promote sustainability 和 make for greener arbitrations.
又是一年保持社交距离, 许多, 许多 more virtual meetings than one can possibly count is drawing to a close. The few in person meetings of the past year were cherished like jewels, filling our hearts with joy 和 we made the most of any social interaction regardless of the reason for it. Of all the exciting things that kept us busy at the SCC Secretariat this year, the highlight of the year must be the trendspotting event at Nationalmuseum in 斯德哥尔摩 that opened 鳞状细胞癌数字周. Meeting with some of you IRL – that was the best gift of the year to us.
Thank you for all the interactions over the past year 和 the trust in our ability to help resolve your or your clients’ disputes in the most modern of ways. 我们期待着2022年的新事物. 保持安全，保持联系!
A recording of our event at Nationalmuseum in 斯德哥尔摩 – Trendspotting in commercial dispute resolution from the business perspective – is now available online.
10月，第一个SCC数字周举行了. 在一个星期的过程中, we welcomed everyone to visit our specially designed event platform containing a wide range of content based on the theme “Trendspotting in commercial dispute resolution from the business perspective”.
现场活动的完整记录, taking place at 斯德哥尔摩’s beautiful Nationalmuseum in the center of the city, 现在可以在线观看了吗.
We hope you will enjoy listening to the experiences of General counsels Oscar Hållén (Klarna), Sofia Graflund Tronsson (Northvolt), Jenny Bergendorff (Skanska) 和 Senior Legal Counsel Caroline Falconer (Vattenfall) who all share interesting 和 exciting examples of the new fast paced 和 innovative approaches found in inhouse legal teams of international companies.
The recording also includes a presentation of the new dispute resolution tool 鳞状细胞癌表达.
The number of third party funded dispute resolution cases at SCC 和 other arbitration institutes around the world increases every year. In the aftermath of the p和emic, this way of financing arbitration might become more common. 仍然是一个不受监管的领域, 这引发了几个有趣的法律问题, 法律顾问纳塔莉亚Petrik说.
Third party funding refers to the situation where the arbitration or litigation costs of a disputing party are covered not by the party itself but by someone who is not party to the proceedings. Such financing might be provided on a pro bono basis or as an investment, in return for remuneration. 取决于和派对的安排, 资助人可以支付诉讼费用, 比如律师费和专家费, 制度的进步, 和其他成本. Funders normally expect return on their investment 和 因此 have interest in the outcome of the dispute. 纳塔莉亚Petrik, 最高法院法律顾问, gives us an overview of the experiences of third-party funding at the SCC, 和 comments on the trend in financing alternative dispute resolution in general.
目前是否有使用第三方资金的趋势? 是的, judging by the SCC’s caseload the number of cases where the parties disclose their funders increase every year, 一般来说，这种现象已经不再新鲜. There is reason to believe that in the aftermath of the p和emic, this way of financing arbitration might become more frequently used by parties.One of the first SCC cases where the claimants were financed by a third party was filed in 2007. The tribunal had to deal with – at the time an unusual matter – of recoverability of the costs paid by the funder on behalf of the claimants. In 2020, at least six of the international cases involved a third party funder. 其中一项是资助者资助被调查者. On a separate note, the providers of financing encounter disputes too. Last year the SCC administered an expedited arbitration with a legal finance provider as a party.
Are there any legal aspects to consider when there is a third party funder involved? 第三方融资是一个不受监管的领域, 因此, 这引发了许多有趣的法律问题. 成本的可收回性就是其中之一. Another one is whether it constitutes ground for an order to pay security on costs. 从制度的角度来看, it is important to safeguard the impartiality 和 independence of the arbitral proceedings. 当运行冲突检查, 一个潜在的e世博苹果员, 作为一个规则, 无法确定融资程序的实体. 因此, in 2019 the SCC adopted a policy encouraging the parties to disclose any third party with a significant interest in the outcome of the dispute, 包括资助者, 母公司, 最终受益所有人.
什么类型的案件 通常是由第三方提供资金吗? Most of the SCC cases that I mentioned had claims over 100 million euro. 其中一些涉及投资者与国家之间的e世博苹果. With the exception for one case, legal funding was provided to claimants, rather than to respondents. 在大多数情况下, 另一方要求为费用订单提供担保, 将第三方资金作为理由之一. 然而, tribunals tended to reject such requests if other grounds were not sufficient to grant the security for costs.