More international disputes and higher amounts in dispute when the SCC sums up 2023

Each year, the SCC compiles and presents the previous year’s case statistics. Hence, all eyes turned in the direction of Regeringsgatan earlier this spring when the SCC, true to form, published the 2023 numbers. The statistics are presented in a positive spirit and can be summarized with over €3 billion in disputed value, an increased number of international disputes and efficient processes. This is double the value for 2022, which was mere €1.6 billion.  

In contrast to recent years, the majority of disputes were international. The statistics show that of the 175 cases commenced in 2023, 55% were international disputes and 45% were Swedish disputes. Of these, 55% were covered by the SCC Arbitration Rules and 38% were registered under the SCC Rules for Expedited Arbitrations. The SCC also registered 4 Emergency Arbitrator proceedings, 2 arbitrations administered under the UNCITRAL Rules, 5 ad hoc arbitrations, and one SCC Express case. 

When it comes to efficiency, the final award under the SCC Arbitration Rules shall be made no later than six months from the date when the case was referred to the arbitrator(s). For the Expedited Arbitrations the time limit is three months. In reality, however, this is not a common occurrence since the SCC may extend the time limit upon a reasoned request from the arbitrator(s), or if otherwise deemed necessary, having due regard to the nature of the proceedings. This quite frankly is more of a rule than the exception which is mirrored in the 2023 figures. Only 26 % of disputes in cases under the SCC Arbitration Rules were resolved within 6 months of the referral to the arbitral tribunal and 47% of disputes in cases under the SCC Expedited Arbitration Rules were resolved within 3 months. However, 65% of disputes in cases under the SCC Arbitration Rules were resolved within 12 months and 100% of disputes in cases under the SCC Expedited Arbitration Rules were resolved within 6 months. By the standards of arbitration, these are positive figures. As an example, this is the first time since the SCC started reporting on time efficiency in 2014 that all expedited arbitrations reported in a year were resolved within 6 months. 

As regards the arbitration clauses, it can be noted that Stockholm continues to be the most common seat of arbitration, with nearly 80% of SCC cases commenced in 2023 being seated in Stockholm. In relation to this, the most common applicable law was Swedish law (80%), followed by English law (5%). 

The SCC further continues on the path drawn in 2022, when for the first time ever, the SCC appointed a majority of female arbitrators. In 2023, 55% of all arbitrators appointed by the SCC were female. Within all SCC arbitrations, 39% of all arbitrators appointed were women and 61% were men. 

Read more about the SCC’s case statistics for 2023 here: https://sccarbitrationinstitute.se/en/statistics-2023 

Senior Associate | Stockholm

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