1 THE PROCEDURE IN GENERAL
1.1 Swiftcourt is the organ that is responsible for the administration of the disputes that shall be finally settled in accordance with the Arbitration Rules stated below.
1.2 Parties to an Arbitration Agreement that refers to Swiftcourt’s Arbitration Rules shall be considered to have agreed to that these following rules and subsequent changes enforced when the Arbitration Proceedings are initiated, shall apply to the procedure.
An agreement to resolve a dispute in accordance with Swiftcourt’s Arbitration Rules is only valid when both parties of the agreement is either two companies or two private persons. Thus, an agreement to resolve a dispute in accordance with Swiftcourt’s Arbitration Rules is not valid in a consumer transaction. With a consumer transaction means sales of goods or services from a company to a private person.
1.3 All communication between the parties and Swiftcourt or the Arbitrators of Swiftcourt within the Arbitration Procedure shall only be made on the Dispute Resolution Platform on http://www.swiftcourt.com/en (the Website) or any integrated version of the Website.
1.4 Communication with letters, emails, phone calls or other ways not in line with what is stated in section 1.3, is ineffective and shall not be considered received by Swiftcourt or the Arbitrators.
1.5 Arbitration in accordance with these rules occurs entirely in the writing.
2 THE PROCEDURE (HOW IT WORKS)
2.1 HOW THE CORRESPONDENCE STARTS
2.1.1 The Arbitration Procedure is initiated when a Party (the Plaintiff) registers a case on the Website and instigates the arbitration clause within their agreement and the fee for resolving the dispute has been paid by the Plaintiff.
2.1.2 Regarding the duty of payment see the User agreement section 12.
2.1.3 The registration must contain:
i) information about what the Plaintiff wants the Arbitrator to decide over (Claims),
ii) a detailed presentation and motivation of why the Arbitrator should decide in favour of the Plaintiff (Statement of facts), or
iii) every other circumstance surrounding the case that might be of essence for the outcome of the case (Circumstances).
2.1.4 Swiftcourt may request that the information and documents submitted in the registration (Initial Information) shall be complemented. The Arbitration Procedure will not be registered and initiated until all the Initial Information is submitted correctly and sufficient enough for an Arbitration Procedure in accordance with the Swiftcourt Arbitration Rules.
2.2 SENDING OF DOCUMENTS TO THE OTHER PARTY
2.2.1 Once the case is registered and the registration fee has been payed by the Plaintiff, Swiftcourt will send the Initial Information to the other party (the Defendant). The Defendant then has two weeks to answer (the Deadline). Answers made after this deadline will not be evaluated or taken into account by the Arbitrators when they write the verdict. The Defendant’s failure to answer does not prevent a verdict in the dispute.
All correspondence and documentation shall be in English. Swiftcourt may on the request from an appointed arbitrator, require that non-english documentation shall be translated to English by an authorized translator.
2.3.1 When the Defendant has answered the Plaintiffs claims, Swiftcourt will send the answer to the Plaintiff who, within one week from the communication of the answer, has to decide to either leave an opinion over the Defendant's answer or send the case to verdict. The Plaintiff´s failure to give one’s opinion or send the case to verdict does not prevent a final judgement in the dispute.
2.3.2 If the Plaintiff chooses to leave an opinion over the Defendant's answer, the opinion and any other attachments shall be registered on the Website. The opinion will then be sent to the Defendant who then has one week to answer. The Defendant´s failure to answer does not prevent a verdict in the dispute.
2.4 END OF CORRESPONDENCE
2.4.1 Swiftcourt shall declare the correspondence completed when:
i) the Plaintiff sends the case for verdict, or
ii) if the Plaintiff has failed to leave an opinion within the deadline, or
iii) if the Defendant fails to answer within the deadline, or
iv) when the Defendant answers the Plaintiffs opinion.
2.5 THE VERDICT (THE AWARD)
2.5.1 The Arbitrators shall within two weeks from the date the correspondence was declared completed write a verdict in the dispute. The verdict shall only be based on the correspondence between the disputing parties and the documentation uploaded by the disputing parties on the Website. Swiftcourt may extend this deadline on a motivated request from the Arbitrators or if it is otherwise deemed necessary.
The verdict may not go beyond the claims that the parties have submitted and it can only be based on the correspondence and documentation submitted by the parties.
2.5.2 The Arbitrators may renounce from the mission and refrain from delivering a verdict on the grounds that the disputing parties have failed to provide sufficient information and evidence in the case to deliver a verdict, or if any information and documents are manifestly falsified, or other circumstances that makes it unreasonable to deliver a verdict. A decision to refrain from the mission and refrain from delivering a verdict must be taken with full consent from all of the appointed Arbitrators.
2.5.3 If the disputing parties settle an agreement before a verdict is delivered, the Arbitrators may upon request from both of the disputing parties confirm the settlement with a verdict.
2.5.4 The verdict is signed by the Arbitrators and sent without delay to Swiftcourt on the Website. Swiftcourt will then immediately notice the disputing parties of the verdict via email or SMS. The verdict will be kept available for the disputing parties on the Website.
2.5.5 The verdict is final and legally binding for the disputing parties once it is delivered. By agreeing to solve a dispute with Swiftcourt in accordance with Swiftcourt Arbitration Rules, the disputing parties undertake to comply with the delivered verdict without delay.
2.6 AFTER THE VERDICT
2.6.1 Correction and interpretation is made in accordance with the Swedish Act (1999:116) of Arbitration.
3 ARBITRATORS (THOSE WHO JUDGE)
3.1 THOSE WHO JUDGE IN THE CASE (THE ARBITRATORS)
3.1.1 The Arbitrators shall consist of one (1) or three (3) Arbitrators that are approved and quality assured by Swiftcourt. If the disputing parties agree otherwise, Swiftcourt may dismiss the case.
3.1.2 The Arbitrators shall be impartial and independent.
3.1.3 Verdicts and other decisions from the Arbitrators shall, if they are more than one, be made in majority of the Arbitrators.
3.1.4 The one that is appointed as Arbitrator shall immediately notify Swiftcourt in writing, via email or SMS, if any circumstances stated in 7 or 8 §§ Swedish Act (1999:116) of Arbitration exist, or if there is any other circumstances that prevents him or her from being an Arbitrator.
3.1.5 A disputing party’s objection of disqualification shall be motivated and sent to Swiftcourt in writing via email. Swiftcourt will then take a decision in the matter.
3.2 REPLACEMENT OF ARBITRATORS
3.2.1 Swiftcourt shall dismiss an Arbitrator from the mission if:
a) Swiftcourt accepts the Arbitrator's request of dismissal,
b) the Arbitrator has informed Swiftcourt of circumstances mentioned in 7 or 8 §§ Swedish Act (1999:116) of Arbitration and prevents him or her from being an Arbitrator and Swiftcourts accepts this,
c) Swiftcourt accepts an objection of disqualification from a disputing party,
d) the Arbitrator is prevented in any other way to fulfill his or her obligations,
e) fails to fulfill the mission in a satisfying way, or
f) otherwise is inappropriate to make a final judgement in the case.
3.2.2 Swiftcourt shall appoint a new Arbitrator if the assigned Arbitrator has been dismissed from a mission or if an Arbitrator has deceased.
3.2.3 Swiftcourt may also appoint a new Arbitrator if the assigned Arbitrator has renounced from his or her mission.
3.3 DISPUTING COSTS
3.3.1 The parties pay their respective costs for resolving the dispute. No other costs will arise for resolving the dispute in accordance with Swiftcourt’s Arbitration rules other than the fee for the contract in which the parties agreed to resolve the dispute in accordance with Swiftcourt’s Arbitration Rules. Each Party pays for their own costs in regards to their own representatives or legal advisors.
4 PROCEDURAL RULES (GAME RULES)
4.1 AMENDMENT OF CLAIMS
4.1.1 A disputing party may, only in accordance with the Swiftcourt Arbitration Rules and as far as the Website allows and until the Arbitration Procedure is declared completed, amend or supplement his or her claims, counterclaims, set-off-claims or set-off-defences. This can only be made provided that the Arbitrator does not believe that it is inappropriate to allow the amendment or the addition in respect of the amendment or addition being made late, the inconvenience that this brings to the other party or any other circumstances the Arbitrator sees inflict on the case.
4.2.1 The disputing parties are responsible for the evidence. Arbitrators may reject offered evidence if the evidence is irrelevant to the specific case or if it is justified in the light of the time the evidence was submitted. If the parties do not submit the evidence within the deadlines, Swiftcourt is not prevented from delivering a verdict in the dispute on the information and documentation that have been submitted in time.
4.2.2 The evidence is uploaded in digital form on the Website and may consist of pictures, movies, audio-files, document-files etc.
4.3 WITNESS AND EXPERT ADVISERS
The disputing parties are, because of the Arbitration Procedures character in writing, limited to leave testimonies and expert adviser reports in writing on the Website, in accordance with the Swiftcourt Arbitration Rules.
4.4 THE CORRESPONDENCE
4.4.1 Swiftcourt sends the information and documentation to the disputing parties via the registered email or phone number, or to the email or phone number used in the closing of the Arbitration Agreement, or to the last know address of the disputing party.
4.4.2 Information and documentation sent in accordance with section 4.4.1, shall be considered to been received by the disputing party the day that he or she should have received it normally with the chosen way of communication.
4.5 APPLICABLE LAW
4.5.1 The Arbitrators shall solve the dispute applying the substantive laws of Sweden. If the disputing parties agree upon solving the dispute in accordance with another law from what is stated above, Swiftcourt may dismiss the case. The language to be used in the arbitral proceedings shall be English.
4.6 FINAL PROVISIONS
4.6.1 In matters that is not specifically stated in the Swiftcourt Arbitration Rules, the Swedish Act (1999:116) of Arbitration shall apply.