DISPUTE RESOLUTION ALTERNATIVES FOR A BETTER WORLD 

Promoting the development of international trade and investment through arbitration contributes to economic development and the well-being of the world’s population.

Arbitration and the institutions responsible for its administration have consolidated their own space in dispute resolution, which has become especially significant in a world where international trade has contributed to its globalization. 

The exponential increase in transactions between companies from different countries, and even between companies and States, determines a greater possibility of conflict, which requires certain conditions for its resolution. These conditions include neutrality, an efficient legal system, as well as a legal framework that protects and guarantees the rights of the parties in the country concerned, promoting international trade and investment. 

Sweden and Singapore meet the aforementioned conditions and are today two of the most prominent “arbitration hubs”. Albeit their different histories, they have emerged as important support for the development of the world economy.hubs arbitrales”. Con historias diferentes, han logrado convertirse en un importante apoyo al desarrollo de la economía mundial.

• • Stockholm, Arbitration Hub hub arbitral 

The neutral position adopted by Sweden during the world wars made it the perfect place to resolve trade disputes between the Eastern and Western countries, which were in political and ideological conflict leading to the so-called Cold War.

In 1977, the United States and the Soviet Union signed the Option Clause Agreement, in which they recognized Stockholm as a neutral venue for resolving trade disputes between East and West. Seven years later, China chose the Stockholm Chamber of Commerce (SCC), and the Rules of its Arbitration Institute, as the sole forum for alternative resolution of international commercial disputes involving Chinese parties. Today, each year, the SCC resolves trade and investment disputes between companies and States, and deals with approximately thirty to forty countries. This makes Stockholm an important arbitration hub, chosen as the venue of important bilateral investment treaties. Annually, the SCC administers approximately two hundred arbitrations, half of which are international. 

Today, each year, the SCC resolves trade and investment disputes between companies and States, and deals with approximately thirty to forty countries. This makes Stockholm an important arbitration hub, chosen as the venue of important bilateral investment treaties. Annually, the SCC administers approximately two hundred arbitrations, half of which are international. hub arbitral, elegido como sede por importantes tratados bilaterales de inversión. Anualmente, el SCC administra aproximadamente doscientos arbitrajes, siendo la mitad de ellos internacionales.

In addition to centuries of tradition in domestic arbitration and many achievements in international arbitration, Sweden has arbitration laws in place since 1887. Its current Arbitration Law, enacted in 1999, governs both domestic and international arbitrations. 

With a legal framework favorable to arbitration, Stockholm has built a consolidated community of arbitrators that is fed by the incorporation of professionals from other countries, progressing at the same pace as the globalization of international investment and business.

Kristin Campbell-Wilson, Deputy Secretary General of the SCC, explains that the Arbitration Institute of the Stockholm Chamber of Commerce adds innovation to a century of arbitration experience by incorporating state-of-the-art technology to manage the proceedings, communication between parties and arbitrators, and the storage and custody of information., Secretaria General Adjunta del SCC, nos comenta que el Instituto de Arbitraje de la Cámara de Comercio de Estocolmo suma la innovación a la experiencia de un siglo arbitrando, al incorporar a su labor la más moderna tecnología para el manejo de los procesos, la comunicación entre partes y árbitros, y el almacenamiento y custodia de la información. 

But the importance of arbitration in the world does not only reside in the resolution of trade disputes driven by globalization. Many border wars have been avoided through mediation and arbitration. In fact, the Swedish philosopher and lawyer Gunnar Lagergren has been one of the most brilliant figures in the peaceful resolution of international disputes. His intervention in the border conflicts of Rann Kutch, between India and Pakistan, and Taba, between Israel and Egypt, prevented armed offensives, as well as human and property losses. Rann Kutch, entre India y Pakistán, y Taba, entre Israel y Egipto, evitó ofensivas armadas, así como costos en vidas y bienes.

 

• • Singapore, Arbitration Hub hub arbitral

 

Singapore’s development as an international arbitration center is the result of a government policy. To achieve its current status as an arbitration hub, Singapore amended its legislative framework to increase support for international arbitration. Simultaneously, Maxwell Chambers was built, an integrated complex for alternative dispute resolution that offers infrastructure and facilities for conducting hearings, as well as spaces that serve as regional offices for several international arbitration institutions and arbitrators. Maxwell Chambers has now tripled its facilities in order to provide the best possible support for international arbitrations taking place in Singapore. hub arbitral, Singapur modificó su marco legislativo fortaleciendo el apoyo al arbitraje internacional. Simultáneamente, se construyó Maxwell Chambers, un complejo integrado para la resolución alternativa de disputas que ofrece infraestructura y facilidades para la realización de audiencias, además de espacios que sirven de oficinas regionales para varias instituciones arbitrales y árbitros internacionales. Actualmente, Maxwell Chambers ha triplicado sus instalaciones, con el fin de brindar las mayores facilidades a los arbitrajes internacionales que se realizan en Singapur.

International arbitration in Singapore has developed along with its economic and political development. Six decades ago, Singapore was a small island with very few resources. Today, its business center hosts more than 7,000 multinational companies, making it one of the ten richest countries in the world with the highest per capita income.

Singapore's achievements are not only economic and commercial; it is recognized as one of the countries with the highest levels of progress in education, healthcare, political transparency, and economic competitiveness.

This port city, second in goods movement worldwide, is strategically located in Southeast Asia and receives goods from all countries that trade with Asia, so that much of its foreign trade is re-export. Singapore is also the world’s third largest financial center.

In addition to this intense economic and social development, based mainly on international trade and the financial sector, Singapore has public policies that promote arbitration, as well as a highly qualified and favorable legal system for arbitration. 

With respect to its laws, Singapore has modern arbitration legislation - based on the UNCITRAL Model Law, with codes and rules periodically updated in line with the global development of arbitration work. It is a dualistic legal system, as it has two legal regimes, one applicable to domestic arbitrations, through the (local) Arbitration Law, and the other applicable to arbitrations involving parties from other countries, through the International Arbitration Law. The country is a party to the New York Convention of 1958, so that its arbitration awards are enforceable in more than 150 countries. Convención de Nueva York de 1958, de modo que sus laudos arbitrales son ejecutables en más de 150 países.

The Singapore International Arbitration Centre (SIAC) is the leading arbitration institution in the country, providing services to companies and states around the world. It administers arbitration proceedings whose awards are ultimately enforced in countries such as China, Hong Kong, India, Indonesia, Jordan, Thailand, the United Kingdom, the United States and Vietnam, among other signatory countries of the New York Convention. es la principal institución arbitral del país y brinda sus servicios a empresas y Estados de todo el mundo. Administra procesos arbitrales cuyos laudos son finalmente ejecutados en países como China, Hong Kong, India, Indonesia, Jordania, Tailandia, Reino Unido, Estados Unidos y Vietnam, entre otros países signatarios de la Convención de Nueva York. 

SIAC administers arbitrations under its own rules and under the UNCITRAL Arbitration Rules. 

In recent years, Singapore has ventured into international law dispute resolution. In this regard, Regional offices of the International Center for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), the World Intellectual Property Organization (WIPO) and the Permanent Court of Arbitration (PCA) have been set up in the country.

Sweden and Singapore established themselves as arbitration hubs in different ways and at different times. Contributing to the development of trade, international investment and world peace, they share a common vision of progress and global welfare through dispute resolution.