The SCC Arbitration Institute (“<span class="news-text_medium">SCC</span>”) has released a report detailing its involvement in investor-state dispute settlement (“<span class="news-text_medium">ISDS</span>”), highlighting the international investment agreements (“<span class="news-text_medium">IIAs</span>”) that provide for arbitration at the SCC or in Stockholm. The report also examines the composition of its ISDS caseload and the impact of the CJEU's Achmea ruling.
The report, titled ‘<a href="https://sccarbitrationinstitute.se/wp-content/uploads/2025/05/Arbitrating-for-Peace-SCC-Report-2025.pdf" target="_blank" class="news-text_link">Arbitrating for Peace: Stockholm, SCC Arbitration Institute, and ISDS’</a>, uses data from the SCC’s database and publicly available information from UNCTAD. The report reveals that there are currently 96 active IIAs that refer disputes to the SCC or Stockholm for resolution, with 71 jurisdictions having signed bilateral investment treaties (“<span class="news-text_medium">BITs</span>”) with such provisions. A significant number of these agreements designate the SCC as a preferred or alternative dispute resolution forum.
The largest concentration of IIAs involving the SCC is between Europe and Asia, with 28 BITs reflecting the SCC's long-standing role in East-West dispute resolution, particularly involving the PRC and Russia. Additionally, 62% of the active BITs are intercontinental, involving parties from Asia and Africa. The report further indicates that the majority of BITs (67%) are linked to civil law jurisdictions, with a smaller proportion connected to common law jurisdictions. Countries such as Belgium, Russia, Italy and China feature prominently among the parties involved in BITs with the SCC.
Since 1993, the SCC has registered 129 ISDS cases, acting as the administering institution in 94 of these (73%) and appointing authority in 22 (17%). In the majority of administered disputes (71%), the SCC Arbitration Rules were applied, though some cases were conducted under the UNCITRAL Arbitration Rules or on an ad hoc basis. The average amount in dispute has increased slightly since 2017 (EUR 358 million, compared to EUR 332 million).
The report also addresses the impact of the CJEU's 2018 Achmea ruling, which led to the termination of 31 intra-EU BITs that referred disputes to the SCC or Stockholm. As a result, there has been a rise in cases referred to the SCC under extra-EU BITs and individual investment agreements.
