It has become standard practice to deplore the weakening of the rule of law. This article, based on a recent keynote address, provides an extensive overview of the impact of this weakening on arbitration. It argues that the absence of the rule of law is not confined to autocratic regime and aspiring autocracies that disdain a rules-based international order and arbitration; it is also a systemic and worrying aspect of EU institutions, including the European Court of Justice. The article calls on practitioners to take a principled stance, to stand up for the rule of law, and to avoid becoming servants of rule by law.
The article “Evolution and Prospects: SCC Expedited Arbitration Rules” by Patricia Shaughnessy and Natalia Petrik examines the evolution, and current application of the Stockholm Chamber of Commerce (SCC) Rules for Expedited Arbitration as a cost-efficient procedure for resolution of lower-value and less complex disputes. It traces the historical origins of the SCC Expedited Rules, first introduced in 1995 in response to concerns over cost and efficiency in smaller disputes. The article outlines the core procedural features of expedited arbitration and compares the 2023 SCC Expedited Rules with the standard SCC Arbitration Rules, addressing issues such as tribunal composition, submissions, hearings, time limits, and costs. The authors also discuss the front-loading of proceedings introduced in the 2017 revisions and refined in 2023.
