Subject Matters:

(1) Truncated Tribunal – Subsequent to the oral hearing the SCC informs the arbitral tribunal that the arbitrator appointed by the claimant had resigned and could not be reached.

(2) Interpretation of an international purchase agreement under the CISG.

 

Findings:

(1) After communication with the parties the SCC decided that the remaining arbitrators should proceed and render an award

(2) The arbitral tribunal decided the case based on “general principles of equity and fairness”.

 

Parties:

Claimant: Company X (P.R. China)

Respondent: Company Y (USA)

 

Arbitral Tribunal:

Chairperson: (Sweden)

Co arbitrator: (China)

Co arbitrator: (USA)

 

Place of Arbitration: Stockholm, Sweden

 

Applicable Law, Procedure: The Swedish Arbitration Act

 

Applicable Law, Merits: Convention on International Sales of Good (CISG), subsidiarily the Chinese and the Swedish substantive laws.

 

Applicable Arbitration Rules: SCC Arbitration Rules of 1999