SCC Arb SCC Arbitration Rules (2023)
SCC Arb
SCC Arbitration Rules (2023)
Article 1 – Scope of application
(1) The articles contained in this Appendix apply to cases under the Arbitration Rules based on a treaty providing for arbitration of disputes between an investor and a state.
(2) Articles 13, 14 and 15 of the Arbitration Rules shall apply mutatis mutandis to the cases indicated in paragraph (1) above.
Article 2 – Number of arbitrators
(1) The parties may agree on the number of arbitrators.
(2) Where the parties have not agreed on the number of arbitrators, the Arbitral Tribunal shall consist of three arbitrators, unless the Board, having regard to the complexity of the case, the amount in dispute and any other relevant circumstances, decides that the dispute is to be decided by a sole arbitrator.
Article 3 – Submission by a Third Person
(1) Any person that is neither a disputing party nor a non-disputing treaty party (“Third Person”) may apply to the Arbitral Tribunal for permission to make a written submission in the arbitration.
(2) All such applications shall:
(i) be made in a language of the arbitration;
(ii) identify and describe the Third Person, including where relevant its membership and legal status, its general objectives, the nature of its activities and any parent or other affiliated organisation, and any other entity or person that directly or indirectly controls the Third Person;
(iii) disclose any direct or indirect affiliation with any party to the arbitration;
(iv) identify any government, organisation or person that has directly or indirectly provided any financial or other assistance in preparing the submission;
(v) specify the nature of the interest that the Third Person has in the arbitration; and
(vi) identify the specific issues of fact or law in the arbitration that the Third Person wishes to address in its submission.
(3) In determining whether to allow such a submission, and after consulting the disputing parties, the Arbitral Tribunal shall have regard to:
(i) the nature and significance of the interest of the Third Person in the arbitration;
(ii) whether the submission would assist the Arbitral Tribunal in determining a material issue of fact or law in the arbitration by bringing a perspective, particular knowledge or insight that is distinct from or broader than that of the disputing parties; and
(iii) any other relevant circumstances.
(4) The Arbitral Tribunal may, after consulting the disputing parties, invite a Third Person to make a written submission on a material issue of fact or law in the arbitration. The Arbitral Tribunal shall not draw any inference from the absence of any submission or response to an invitation.
(5) If permission is granted or an invitation by the Arbitral Tribunal accepted, the submission filed by the Third Person shall:
(i) be made in a language of the arbitration; and
(ii) set out a precise statement of the Third Person’s position on the identified issue(s), in no case longer than as authorised by the Arbitral Tribunal.
(6) For the purposes of preparing its written submission, a Third Person may apply to the Arbitral Tribunal for access to submissions and evidence filed in the arbitration. The Arbitral Tribunal shall consult the disputing parties before ruling on the application, and shall take into account, and where appropriate safeguard, any confidentiality of the information in question.
(7) The Arbitral Tribunal may, at the request of a disputing party, or on its own motion:
(i) request further details from the Third Person regarding its submission; and
(ii) require that the Third Person attend a hearing to elaborate or be examined on its submission.
(8) The Arbitral Tribunal shall ensure that the disputing parties are given a reasonable opportunity to present their observations on any submission by any Third Person.
(9) The Arbitral Tribunal shall ensure that any Third Person submission does not disrupt or unduly burden the arbitral proceedings or unduly prejudice any disputing party.
(10) The Arbitral Tribunal may, as a condition for allowing a Third Person to make a submission, require that the Third Person provide security for reasonable legal or other costs expected to be incurred by the disputing parties as a result of the submission.
Article 4 – Submission by a non-disputing treaty party
(1) Subject to Article 3 (9) of this Appendix, as applied by Article 4 (4) below, the Arbitral Tribunal shall allow or, after consulting the disputing parties, may invite, submissions from a non-disputing treaty party on issues of treaty interpretation that are material to the outcome of the case.
(2) The Arbitral Tribunal, after consulting the disputing parties, may allow or invite submissions from a non-disputing treaty party on other material issues in the arbitration. In determining whether to allow or invite such submissions, the Arbitral Tribunal shall have regard to:
(i) the matters referred to in Article 3 (3) of this Appendix;
(ii) the need to avoid submissions appearing to support the investor’s claim in a manner tantamount to diplomatic protection; and
(iii) any other relevant circumstances.
(3) The Arbitral Tribunal shall not draw any inference from the absence of any submission or response to any invitation pursuant to paragraph (1) or (2) above.
(4) Article 3 (5)–(9) of this Appendix shall apply equally to any submission by a non-disputing treaty party.
Imported: