New Data Shows International Arbitration Continues to Thrive
With business interruption and continuity on people’s minds as a result of the COVID crisis, the case statistics from the PCA and SIAC are a reminder of the livelihood of arbitration as a means to resolve disputes.
Several trends are apparent on the face of the statistics: both institutions showed a capacity increase in the total number of cases administered and the amount of money claimed. The SIAC also showed a significant increase in the number of cases filed. This is likely due to the continued popularization of arbitration as an efficient means of resolving disputes in the region—East Asia—as well as the popularization of the SIAC’s alternative offerings/capabilities, such as expedited arbitration procedures.
The SIAC statistics specifically tracked new market entrants by region/country, while the PCA showed a balanced distribution by geographical region. The SIAC is best known for its variety of commercial arbitrations; the PCA is best known as a home to investor-state and public international law disputes. Perhaps these profiles are changing as well.
Some of the trends are familiar, such as the sectoral breakdown; other figures show a push towards making arbitration more populous through the introduction of greater innovation and diversity, including greater diversity in the arbitrator pool.
Information not tracked in these statistics include: the average length of cases, average amount of the awards issued, and the enforceability and satisfaction of awards.
The main statistics are charted below. Arent Fox’s Arbitration Team follows these statistics closely in assessing and managing global litigation strategy.
|PCA STATISTICS||PCA CommentsSIAC Statistics||SIAC STATISTICS||SIAC COMMENTS|
|New Cases Filed in 2019||49||Slight decrease from 56 new cases in 2018 to 49. 4th consecutive year with over 40 new cases.||479||19% increase from 2018, 3rd consecutive year that SIAC caseload has exceeded 400|
|Total Cases Administered in 2019||199||4.737% increase from 2019.||454||21% increase from 2018|
|Total Sum in Dispute||Billions (exact number unknown)||
For example, Ukraine Naftogaz asked the PCA to award it $5.2 billion in its case against Russia
|USD 8.09 billion||14.6% increase from 2018|
|Domestic Cases||N/A||No “domestic” cases, since PCA resolves cases generally involving disputes arising from international agreements||63||13% of all SIAC cases.|
|International Cases||See “Domestic Cases” and “Cases Administered”||See “Domestic Cases” and “Cases Administered”||416||87% of SIAC cases|
|Ad Hoc Appointments||Unknown||Unknown||25||Ad Hoc appointments occurred in 5% of new cases|
|Early Dismissal Applications||Unknown||Unknown||8 total, 5 allowed to proceed under Rule 29.3 of SIAC Rules 2016, 1 granted||30 ED applications since 2016 - 9 granted|
|Emergency Arbitrator Applications||Unknown||Unknown||10 total, all accepted||94 EA applications since 2010 - all accepted; cases in disputes from following sectors: Corporate, Commercial, Maritime/Shipping, Trade, and Construction Infrastructure/Engineering|
|Expedited Procedure Applications||Unknown||Unknown||61 total, 32 accepted||534 EP applications since 2010 - 319 accepted|
|Awards||44 cases were “resolved” in 2019 – no data on awards||169 awards issued|
Regional and Sectoral Statistics
|United Nations Regional Group (See below for classification)||Percentage of 2019 PCA Cases||Percentage of 2019 SIAC Cases|
|Western European and Others (US, Canada)||27%||8.3%|
|Latin America and Caribbean||13%||2.9%|
Additional Statistics from the SIAC
Note: The PCA does not keep detailed country-specific statistics.
Top Foreign Users: SIAC
|Home Country of Party||number of cases||claimant||respondent|
Data on Arbitrators & Appointments
|PCA||comments||siac total individual appointments||comments|
|• The Secretary-General appointed one or more arbitrators in response to 8 requests (from a total of 11 requests)||159||
|Female Members:||from early 2019)
|sectors, pca||number and percentages of cases in sector, pca||sectors, siac||Number and Percentage of Cases in Sector, SIAC|
|Oil and Gas||Information not available||Corporate||140 (29%)|
|Mining and Quarrying||Information not available||Trade||100 (21%)|
|Construction||Information not available||Commercial||77 (16%)|
|Real Estate||Information not available||Construction/ Engineering||76 (16%)|
|Financial/ Insurance||Information not available||Other||50 (10%)|
|Electrical/ Power Generation||Information not available||Maritime/ Shipping||39 (8%)|
- Related Practices