2/16/2016Esityksen nimi • Tekijän nimi 1

Morning Seminar on Arbitration in Finland and Sweden - Programme

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Topical issues at the FAI and the SCC / Heidi Merikalla-Teir and Annette Magnusson

1Revision of local arbitration laws – where do we stand in Sweden and Finland? /Kristin Campbell-Wilson, Annette Magnusson, Heidi Merikalla-Teir and Mika Savola

FAI’s experiences with the FAI Arbitration Rules revised in 2013 / Mika Savola

SCC’s experiences with the emergency arbitrator provisions of the SCC Arbitration Rules / Kristin Campbell-Wilson

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FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

Heidi Merikalla-Teir, Secretary GeneralThe Arbitration Institute of the Finland Chamber of Commerce

The Arbitration Institute of the Finland Chamber of Commerce – FAI

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• Established in 1911• An autonomous arbitration body of the Finland Chamber of

Commerce; independent in its decision-making• Administers domestic and international arbitrations conducted

under its Rules• Appoints arbitrators and conciliators • Acts as appointing authority under the UNCITRAL Arbitration Rules• The revised Arbitration Rules and Rules for Expedited Arbitration

of the Finland Chamber of Commerce entered into force on 1 June 2013

FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

The Arbitration Institute of the Finland Chamber of Commerce – FAI (cont’d)

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• International Board• Chair: Mika Savola (Partner, Hannes & Snellman)

• Vice-Chairs: Petra Kiurunen (Partner, Lindfors & Co) and Marko Hentunen (Partner, Castrén & Snellman)

• Finnish Board Members: Anne-Maj Fahlgren (Senior Legal Counsel, UPM-KymmeneCorporation), Mikko Kemppainen (Head of Legal Affairs, Orion Corporation), Olli Sailas (Legal Counsel, Andritz Oy), Petri Taivalkoski (Partner, Roschier), and Satu Tiirikka (Senior Legal Counsel, Tieto Corporation)

• International Board Members: Niuscha Bassiri (Partner, Hanotiau & van den Berg), Sophie Lamp (Partner, Debevoise & Plimpton), Gabrielle Nater-Bass (Partner, Homburger), Bo G. H. Nilsson (Partner, Lindahl), Christopher R. Seppälä (Partner, White & Case), Toomas Vaher (Managing Partner, Raidla Ellex), and Nina Vilkova (Professor Russian Academy of Foreign Trade)

FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

Topical issues at the FAI

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Agenda

FAI Statistics 20151 Finnish Arbitration Academy

FAI Mediation Rules Helsinki International Arbitration Day 2016

FAI Administrative Procedures for Cases under the 2010 UNCITRAL Arbitration Rules

FAI’s other activities

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FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

FAI Statistics 2015

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• 52 new Request for Arbitrations filed in 2015 • 79% governed by the FAI Arbitration Rules

• 4% governed by the FAI Expedited Rules

• 17 % ad hoc proceedings

• 77% of the cases were heard by sole arbitrators• 27% of the cases were of international nature• Subject matters of disputes – top 3 categories: company

acquisitions and sale of business (25%), shareholder’s agreements (17.3%) and delivery and supply agreements (17.3%)

FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

FAI Statistics 2015 (cont’d)

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• Median duration of arbitrations governed by the FAI Arbitration Rules was 8 months

• Arbitrations included parties from: • Austria, Finland, France, Germany, Hong Kong, Luxemburg, the Netherlands,

Panama, South-Korea, Sweden, Turkey, UK, USA

• 32 % of arbitrators appointed by the FAI Board were women • 39 % of arbitrators appointed by the FAI Board were women if only cases

governed by the FAI Rules are taken into account

• Internationally exceptionally high percentages!

FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

FAI Mediation Rules

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• To be launched in spring 2016• The rules provide a relatively brief, straightforward, flexible and user-

friendly frame for conducting mediation• Mediation is a voluntary and confidential process the process as such

regulated as little as possible to give the mediator and the parties flexibility to tailor it as they see fit

• FAI will perform the following tasks:– appointment of the mediator, if needed– fixing an advance on costs to cover the mediation costs– determining the fee/expenses of the mediator and FAI’s administrative fee/expenses

• The fee of the mediator based on an hourly or daily fee • The administrative fee depends on the monetary value at stake

FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

FAI Administrative Procedures for Cases under the 2010 UNCITRAL Arbitration Rules

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• FAI may serve as appointing authority inter alia in proceedings governed by the UNCITRAL Arbitration Rules

• FAI Administrative Procedures came into force on 1 February 2016• The Procedures supplement the provisions set out in the 2010 UNCITRAL

Arbitration Rules• The FAI will perform upon request the following functions:

• appointment of arbitrators

• decisions on the challenge of arbitrators; and

• replacement of arbitrators

• The FAI will prepare separate administrative procedures for cases under the 1976 UNCITRAL Arbitration Rules shortly

FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

Finnish Arbitration Academy

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• Arranged in 2014 and 2015 to be arranged next time in fall 2016

• 25 participants per Academy (attorneys, in-house counsel, judges and academics)

• 8 modules (4 hours each)• Incl. topics relating to arbitration agreements, arbitration

procedure especially under the FAI Rules, arbitral awards, costs, and dynamics of an international arbitral tribunal

• Speakers from the FAI Board and Secretariat, Mika Hemmo (Professor, University of Helsinki), Marko Wainio (Senior Counsel, Bird & Bird), Bo G. H. Nilsson (Partner, Lindahl), Marc D. Veit(Partner, LALIVE) and Gaëtan Verhoosel(Partner, Three Crowns LLP)

FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

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Visit the event site www.hiad.fi

TIME TO CHANGE OUR MINDSETS AND THINK OUTSIDE THE (TOOL) BOX?

Digitalization and Cybersecurity – New Challenges to International Arbitration?

Companies’ and In-House Counsel’s Perspectives on the Future of Arbitration –How Should It Be?

Mediation as an Alternative to Resolve International Commercial Disputes – When, How and Why?

FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

FAI’s other activities

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• FAI will continue to publish case comments: http://arbitration.fi/category/fai-cases/

• Information about FAI Events, Cases and News: arbitration.fi / Twitter: @FAIarbitration / LinkedIn: The Finland Arbitration Institute (FAI)

• FAI will start publishing an electronic newsletter • Digitalization towards electronic case management• Application for use of the FAI Arbitration Rules in the Willem C. Vis

International Commercial Arbitration Moot• ICCA 2020 Congress FAI supporting the ICCA STOCKHOLM 2020

association’s candidacy

FAI/SCC Morning Seminar on Arbitration in Finland and Sweden

THE ARBITRATION INSTITUTE OF THE FINLAND CHAMBER OF COMMERCE

The ArbitrationInstitute of the Finland

Chamber of Commerce

Thank you!

Heidi Merikalla-Teir, Secretary General

heidi.merikalla-teir@arbitration.fi /+358 40 750 6106 / arbitration.fi / Twitter: @FAIarbitration /LinkedIn: The Finland Arbitration Institute (FAI)