As every year, we have taken a closer look at the statistics that are available for arbitration proceedings at some of the most important arbitral institutions.
Over the last four years, the picture has always been the same: the number of proceedings was rising – in Europe, in the Americas as well as in Asia. This picture seems to have changed in 2021: some institutions have achieved new records, such as the ICSID. However, most of the institutions did not achieve new records, despite having had a good year. The number of new cases has dropped at the ICC, SCC, SIAC, HKIAC, DIS.
Do we see a turning point or a ceiling? Probably not. The numbers remain impressively high. Arbitration proceedings remain very popular as the following table shows:
|ICC (International Chamber of Commerce)||853||946||869||842||810||966||801||791||767||759|
|ICSID (International Centre for Settlement of Investment Disputes)||66||58||39||56||53||48||52||38||40||50|
|SCC (Stockholm Chamber of Commerce)||165||213||175||152||200||199||181||183||203||177|
|LCIA (London Court of International Arbitration)||377||440||395||317||285||303||326||300||301||277|
|SIAC (Singapore International Arbitration Centre)||469||1080||479||402||452||343||271||222||259||235|
|HKIAC (Hong Kong International Arbitration Centre)||277||318||308||265||297||262||271||252||260||293|
|CAM-CCBC (Chamber of Commerce Brazil-Canada)||128||105||97||101||141||98||112||95||90||64|
|DIS (German Arbitration Institute)||133||162||110||153||152||166||134||132||121||125|
|VIAC (Vienna International Arbitration Centre)||44||40||45||64||43||60||40||56||56||70|
|SCAI (Swiss Chambers' Arbitration Institution)||86||83||95||81||74||81||96||106||69||92|
|ICDR (International Centre for Dispute Resolution)||n/a||n/a||882||993||1026||1050||1063||1052||1165||996|
|CIETAC (China International Economic and Trade Arbitration Commission)||4071||3615||3333||2962||2298||2181||1968||1610||1256||1060|
|PCA (Permanent Court of Arbitration)||205||59||49||56||41||40||42||39||35||27|
|KCAB (Korean Commercial Arbitration Board)||500||405||443||393||385||381||413||382||338||360|
|JCAA (The Japan Commercial Arbitration Association)||15||-||-||-||-||-||-||-||-|
Other relevant data
As every year, we have also collected some additional data.
Even though some airports or borders closed because of Covid-19, the share of international cases stayed high. The LCIA lead the field with 95%, followed by the SIAC, SCAI, and the HKIAC, which rose back to its 2019 level of more than 80% of international cases.
The applications for emergency arbitration increased in SCC, LCIA, and SIAC proceedings. On the other hand, the figures dropped 70% in HKIAC proceedings and 25% in SIAC proceedings.
The number of applications for expedited increased in LCIA, SIAC, and SCAI proceedings, but dropped in SCC and HKIAC proceedings.
The number of arbitrator challenges remains low: in most institutions, there were less than 5 arbitrator challenges. The highest number was in SCC proceedings: 18 challenges.
Particularly important is the data on gender diversity. Here, the picture does not seem to be further improving. The overall percentage of female arbitrators stagnates at around 20-25% (similar to the 25,4% in 2020 and the 23,6% in 2019). The percentage is as low as 4% in JCAA proceedings and 13% in ICSID proceedings. The number of female tribunal members in VIAC arbitrations decreased from 31,7%in 2020 to 16,4% in 2021. The arbitral institutions continue to be the driving force behind appointing female arbitrators, e.g. 77% of the arbitrators appointed by SCAI were female.
The parties’ preferred nationality of arbitrators remained mostly unchanged, the only outlier being the KCAB, which became more international.
|Amount in dispute||n/a||n/a||EUR 840 million||n/a||USD 6.54 billion||USD 7 billion||BRL 5.6 billion (~ USD 1.05 billion)||EUR 1.57 billion||EUR 554.17 million||CHF 1.27 billion (~ USD 1.35 billion)||RMB 112.13 billion (~ USD 17 billion)||n/a||USD 717 million||JPY 9 billion (~ USD 65 million)|
|Emergency arbitration applications||n/a||n/a||7||8||15||4||2||n/a||n/a||4||n/a||n/a||n/a||None|
|Expedited procedure applications||n/a||n/a||49||49||93||23||n/a||n/a||n/a||33||n/a||n/a||n/a||3|
|Arbitrator challenges||n/a||n/a||18||18||1||4||3||n/a||n/a||3||28 ||n/a||n/a||1|
|Percentage of female arbitrators||n/a||13%||29%||13%||35,8%||12,7% (appointed by the parties), 21,8% (appointed by the HKIAC)||34,3% (in Tribunals); 71,4% (in Sole Arbitration)||n/a||16,4%||22% (appointed by the parties), 77% (appointed by the SCAI)||n/a||n/a||23,7%||4%|
|Arbitrator nationality (top 3)||n/a||1. USA (9.63%) 2. France (9.51%) 3. UK (8,45%)||1. Europe (95,27%) 2. North American (3,63%) 3. Northern Asia (0,727%)||1. UK (63%) 2. Canada (n/a) 3. USA (n/a)||1. Singapore (31,27%) 2. UK (29,65%) 3. Australia (7,28%)||Appointed by the HKIAC: 1. Hong Kong (27,5%) 2- UK (19,7%) 3. Australia (10,6%)||n/a||n/a||1. Austria (39,7%) 2. Switzerland (20,7%) 3. Hungary (6,9%)||1. Switzerland (77%) 2. France (5,5%) 3. UK (3,4%)||n/a||n/a||1. Korea (37,3%) 2. USA (16,2%) 3. UK (10,3%)||1. Japan (60.9%) 2. Austria (8.7%) 3. Singapore (8.7%)|
Last year, we remarked “how well arbitration has fared in 2020 despite the extreme circumstances”. Although the caseload slightly decreased in 2021, the institutions still had a very busy year. Regarding specific data, such as the number of applications for expedited proceedings and the number of arbitrator challenges, there was not a clear trend. With regards to diversity, there is a stagnation: there was neither a shift in the parties’ preferred nationalities, nor a rise in numbers of female arbitrators.
 ICC, ICSID, SCC, LCIA, SIAC, HKIAC, CAM-CCBC, DIS, VIAC, SCAI, ICDR, CIETAC, PCA, KCAB, JCAA.