Introduction
We cannot close the year 2024 before we have given our two cents on the arbitration statistics for the year 2023! Once again, we have summarized and analysed for you last year’s international arbitration statistics.[1]
In 2020, we have seen impressive figures. In 2021 and 2022, we have seen the numbers of new cases drop after years of continuing growth. In 2023, the numbers started growing again. The researched institutions reached a combined record of 9,397 new cases — an impressive number. However, many institutions remain far below their 2020 record number of cases.
In 2023, the ICC handled 890 new cases, reflecting a massive increase compared to 710 cases in 2022 – this is, however, still much lower than the 2020 record of 946 cases. The LCIA administered 327 new cases, compared to 293 cases in 2022; but, just like the ICC, the LCIA is still far from reaching its 2020 record of 440 cases. The SCC saw 175 new cases, compared to 143 cases in 2022 and 213 in 2020. The PCA was responsible for 82 new cases, compared to 50 in 2022 and 205 in 2020. The KCAB recorded 368 new cases, a higher figure than the 342 cases of 2022, but lower than the 405 cases in 2020 and 500 cases in 2021.
For some institutions, 2023 was a particularly busy year: The SIAC recorded 663 new cases, 2023 has been the second best year ever for SIAC. The DIS recorded 191 new cases, compared to 164 new cases in 2022 and 162 new cases in 2020. CAM-CCBC administered 117 new cases, one more than in 2022 and 12 more than in 2020.
Last year, the number of new cases was lower than in 2012 if one were to disregard CIETAC which had 1060 cases in 2012 and 4086 cases in 2022. CIETAC was growing at a remarkable rate from 2012 through 2022. If one were to do the same exercise this year, i.e. disregard the CIETAC numbers, the result would be as follows: the total number of new cases without CIETAC in 2023 was 4,151, and in 2012 was 3,525 – growth of 15%.
| Arbitral institution | 2023 | 2022 | 2021 | 2020 | 2019 | 2018 | 2017 | 2016 | 2015 | 2014 | 2013 | 2012 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| ICC (International Chamber of Commerce) | 890 | 710 | 853 | 946 | 869 | 842 | 810 | 966 | 801 | 791 | 767 | 759 |
| ICSID (International Centre for Settlement of Investment Disputes) | 57 | 41 | 66 | 58 | 39 | 56 | 53 | 48 | 52 | 38 | 40 | 50 |
| SCC (Stockholm Chamber of Commerce) | 175 | 143 | 165 | 213 | 175 | 152 | 200 | 199 | 181 | 183 | 203 | 177 |
| LCIA (London Court of International Arbitration) | 327 | 293 | 377 | 440 | 395 | 317 | 285 | 303 | 326 | 300 | 301 | 277 |
| SIAC (Singapore International Arbitration Centre) | 663 | 357 | 469 | 1080 | 479 | 402 | 452 | 343 | 271 | 222 | 259 | 235 |
| HKIAC (Hong Kong International Arbitration Centre) | 281 | 344 | 277 | 318 | 308 | 265 | 297 | 262 | 271 | 252 | 260 | 293 |
| CAM-CCBC (Chamber of Commerce Brazil-Canada) | 117 | 116 | 128 | 105 | 97 | 101 | 141 | 98 | 112 | 95 | 90 | 64 |
| DIS (German Arbitration Institute) | 191 | 164 | 133 | 162 | 110 | 153 | 152 | 166 | 134 | 132 | 121 | 125 |
| VIAC (Vienna International Arbitration Centre) | 52 | 41 | 44 | 40 | 45 | 64 | 43 | 60 | 40 | 56 | 56 | 70 |
| Swiss Arbitration Centre | 91 | 93 | 86 | 83 | 95 | 81 | 74 | 81 | 96 | 106 | 69 | 92 |
| ICDR (International Centre for Dispute Resolution) | 848 | 755 | n/a | n/a | 882 | 993 | 1026 | 1050 | 1063 | 1052 | 1165 | 996 |
| CIETAC (China International Economic and Trade Arbitration Commission) | 5237 | 4086 | 4071 | 3615 | 3333 | 2962 | 2298 | 2181 | 1968 | 1610 | 1256 | 1060 |
| PCA (Permanent Court of Arbitration) | 82 | 50 | 205 | 59 | 49 | 56 | 41 | 40 | 42 | 39 | 35 | 27 |
| KCAB (Korean Commercial Arbitration Board) | 368 | 342 | 500 | 405 | 443 | 393 | 385 | 381 | 413 | 382 | 338 | 360 |
| JCAA (The Japan Commercial Arbitration Association) | 9 | 19 | 15 | - | - | - | - | - | - | - | - | |
| TOTAL | 9388 | 7554 | 7389 | 7524 | 7319 | 6837 | 6257 | 6178 | 5770 | 5258 | 4960 | 4585 |
Additional Data
The number of cases are not the only growing figure: the amount in dispute has significantly increased. The ICC recorded an amount of USD 53 billion in dispute. The amount in dispute in SIAC’s arbitrations increased from USD 5.61 billion in 2022 to USD 11.9 billion in 2023. Likewise, SCC’s figures increased from EUR 1.63 billion to EUR 3.05 billion, and the figures from KCAB have increased from USD 371.4 million to USD 1.177 billion.
Some institutions reported very high numbers of international arbitrations: LCIA (96%), SIAC (93%), Swiss Arbitration Centre (78%). The SCC registered a significant increase in the number of international arbitrations from 19 % in 2022 to 55% in 2023. The SIAC also registered an increase of 5% in the number of international arbitrations, from 88% to 93%. Likewise, at DIS the numbers increased from 34.7% to 40%.
Once again, the ICDR recorded the highest number of emergency arbitration requests: 160.
Some institutions reported a high number of expedited procedures: ICDR (237), ICC (189), SIAC (94).
As to the gender diversity, the numbers show that there is still much work to be done towards equality. On the one hand, some institutions are on their path to reaching 50% at the number of female arbitrators appointed by the institution, where others have already accomplished that: ICC (41%), LCIA (48%), Swiss Arbitration Center (50%), SCC (55%), CAM-CCBC (73.91%).The impressive number of CAM-CCBC shows how the institution has been breaking records when it comes to gender diversity. CAM-CCBC also provided a new interesting data, namely that 35.03% of the arbitrators in the Center’s arbitrators list are female.
On the other hand, some institutions were far from reaching 50% of female arbitrators in the number of arbitrators appointed by them: HKIAC (34.9%), SIAC (37%),VIAC (34%). The SIAC’s number represents a significant decreased compared to the 46.2 % of last year. And so does the number of VIAC, namely 57% in 2022.
Furthermore, the number of female arbitrators nominated by the parties remain very low: HKIAC (12.8%), VIAC (18%), SCC (31%), LCIA (21%). In 2022, the figure at VIAC was much higher, namely 33%. This year, the SCC provided an additional interesting data: only 10% of arbitrators appointed by co-arbitrators are female – a very disappointing number.
| ICC | ICSID | SCC | LCIA | SIAC | ICDR | HKIAC | CAM-CCBC | DIS | VIAC | Swiss Arbitration Centre | CIETAC | PCA | KCAB | JCAA | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Amount in dispute | USD 53 billion | n/a | EUR 3.05 billion (USD 3.2 billion) | n/a | USD 11.9 billion | USD 5 billion | HKD 92.8 billion (USD 11.9 billion) | BRL 13.3 billion (USD 2.2 billion) | EUR 2.8 billion (USD 2.9 billion) | EUR 2 billion (USD 2.1 billion) | n/a | USD 21 billion | n/a | USD 1.17 billion | n/a |
| International arbitrations | 71% | n/a | 55% | 96% | 93% | n/a | 75.1% of all arbitrations 89.7% of all administered arbitrations | n/a | 40% (at least one non-German party) | n/a | 78% | 12% | n/a | 14.7% | n/a |
| Emergency arbitration applications | 28 | n/a | 4 | 6 | 11 | 160 | 35 | 3 | n/a | n/a | n/a | n/a | n/a | n/a | n/a |
| Expedited procedure applications | 189 | n/a | 67 | 15 | 94 | 237 | 24 | n/a | n/a | 6 | 41 | n/a | n/a | n/a | n/a |
| Arbitrator challenges | 78 | n/a | 6 | 5 | 5 | n/a | 11 | 11 | n/a | n/a | n/a | 35 | n/a | n/a | n/a |
| Percentage of female arbitrators | 29,7% (overall) 41% (appointments by the ICC ) | 32% (appointments in CY2023) | 39% (overall) 55% (appointments by the SCC) 31% (nominations by the parties) 10% (appointments by co-arbitrators) | 48% (appointments by the LCIA) 21% (nominations by the parties) | 37% (appointments by SIAC) | n/a | 34.9% (appointments by HKIAC) 12.8% (nominations made by the parties) | 73.91% (appointments by CAM-CCBC) 35,03% (arbitrators in the center’s list) | n/a | 34% (appointments by VIAC) 18% (nominations by the parties) | 50% (appointments by the Centre) | n/a | n/a | 18,3% (arbitrators in panel) 31,9% (appointed by KCAB) | n/a |
| Arbitrator nationality (top 3) | n/a | 1. Western Europe (45%) 2. North American (20%) 3. South America (12%) | SCC appointed 250 arbitrators from 27 countries | 1. UK (82%) 2. USA (8%) 3. Canada (5%) | 1. Singapore (35%) 2. UK (26%) 3. Australia (7%) | n/a | 1. Hong Kong (29.7%) 2. Dual Nationals (16.9%) 3. Australia (15.1%) | n/a | n/a | 1. Austria (58%) 2. CEE/SEE (24%) 3. Other European (24%) | n/a | n/a | n/a | 1. Korea (30.4%) 2. United States (14.2%) 3. United Kingdom (10.6%) | n/a |
Conclusion
Last year, we wondered whether arbitration will keep being popular. The strong case numbers from 2023 give the answer.
[1] ICC, ICSID, SCC, LCIA, SIAC, HKIAC, CAM-CCBC, DIS, VIAC, Swiss Arbitration Centre, ICDR, CIETAC, PCA, KCAB, JCAA.
