Arbitration
ICC reaches arbitration milestone with case 29,000
The Secretariat of the ICC International Court of Arbitration has registered the 29,000th case under the ICC Rules of Arbitration. This new milestone showcases ICC’s impact in Brazil, where the case was registered, and beyond, highlighting ICC’s role in facilitating global trade and resolving disputes for businesses.
The milestone case involves Brazilian parties from the power and energy sector, governed by Brazilian law, with a tribunal to be seated in Rio de Janeiro. The parties had initially agreed to ad hoc arbitration under the UNCITRAL Rules, with ICC as the appointing authority. They then modified that agreement in favour of arbitration under the ICC Rules of Arbitration.
Alexander G. Fessas, Secretary General of the ICC Court and Director of ICC Dispute Resolution Services, said:
“When the Secretariat’s São Paolo’s office opened seven years ago, we pledged to provide long-term support to the ever-developing disputes landscape in Brazil and Latin America. We now celebrate the success of that pledge with the registration of our 29,000th case, and the trust parties place in ICC Arbitration.”
In 2023, ICC Arbitration involved 80 Brazilian parties (including 12 state-owned entities) in newly registered cases, and the ICC Court confirmed or appointed 60 arbitrators coming from Brazil. Brazil ranks sixth globally in terms of the nationality of parties and arbitrators.
Parties from Latin America and the Caribbean account for approximately 15% of all parties in arbitrations registered with ICC. Brazil has traditionally been the leading jurisdiction in Latin America and is the fifth most used seat of arbitration worldwide. In terms of applicable laws in newly registered cases in Latin America, Brazil came second (29 cases), just behind Mexico (35 cases).
Same-nationality party disputes represented 29% of the ICC Court’s new caseload in 2023, with 21 cases involving only parties coming from Brazil. This makes Brazil the second top jurisdiction resorting to ICC Arbitration for domestic disputes in 2023.
The energy sector traditionally generates the second largest number of ICC cases, slightly behind the construction and engineering sector, accounting for over 20.6% of all new cases registered in 2023.
Ana Serra e Moura, Deputy Secretary General of ICC International Court of Arbitration, said:
“The registration of the 29,000th case involving Brazilian parties highlights ICC’s consistent growth in Brazil and beyond, in one of the most important industry sectors. It is now time to pause and celebrate the trust of our users and the relentless work of our teams on ensuring that ICC Dispute Resolution Services meet the needs of global business.”
Efforts to expand ICC Dispute Resolution Services in Latin America began with the establishment of a dedicated case management team in São Paulo in 2017, following the inauguration of ICC Brazil in 2014. Since then, the ICC Secretariat’s case management team in Brazil has administered over 650 cases, in recent years surpassing 100 cases annually, further solidifying Brazil’s importance in ICC operations.
As ICC continues to strengthen its presence in Latin America, key regional developments will be discussed at the upcoming 22nd ICC Miami Conference on International Arbitration from 1 to 3 December 2024, including significant updates from Brazil, Argentina, Mexico, and Ecuador.
For an in-depth breakdown of the numbers behind the continued growth of ICC Arbitration in Brazil and Latin America, please visit ICC Dispute Resolution Statistics: 2023 – ICC – International Chamber of Commerce (iccwbo.org)
