ICC releases preliminary 2023 arbitration and ADR statistics

The International Chamber of Commerce (ICC) has released preliminary statistics for its arbitration and ADR services for 2023. The data highlights a significant uptick in case filings compared to 2022 and offers insights into the evolving landscape of dispute resolution worldwide.

ICC International Court of Arbitration (ICC Court) President Claudia Salomon said:

“Our preliminary statistics represent the continued trust that parties around the world place in ICC to resolve their disputes, regardless of the amount in dispute, counterparty or industry sector”. 

Key highlights from 2023

In 2023, ICC registered a total of 890 arbitration cases, marking the third-best year in its history. This includes 870 cases under the ICC Rules of Arbitration and 20 cases under the Rules of ICC as Appointing Authority. At year-end, the number of pending cases being administered via the offices of the ICC Court’s Secretariat in Paris, Hong Kong, New York, Sao Paulo, Singapore and Abu Dhabi Global Market stood at 1,766.

Awards 

In 2023, the ICC Court approved 520 draft awards (including drafts of 384 final awards, 104 partial awards, and 32 awards by consent), of which 512 were approved subject to points raised for the arbitral tribunal’s consideration during the ICC Court’s distinctive scrutiny process. In addition, 42 draft awards were scrutinised and returned to the arbitral tribunal for further consideration before the ICC Court could approve them.

Parties

In 2023 filings, parties came from 141 jurisdictions across Europe (40%), Asia and the Pacific (25%), Latin America (14%), North America (13%), and Africa (8%). 

A noted increase was seen in the number of parties from Central and Eastern Europe (277 parties, up from 188 in 2022), North America (308, up from 207 in 2022), and the Middle East (288, up from 198 in 2022). 

France, the United Kingdom, Switzerland, the United States and Brazil remained the top five seats of arbitration. In total, arbitrations were seated in 116 cities across 63 countries. In 2023, the five most frequently selected cities remained Paris, London, Geneva, New York and Singapore.

Amounts in dispute

The average amount in dispute in 2023 filings was US$65 million, with a median value of approximately US$5.5 million, while the aggregate amount in dispute reached US$53 billion. 

For pending cases, the average amount was US$150 million, with a median of US$13 million and a total of US$255 billion.

Regional and domestic disputes

Close to 30% of new cases involved parties from the same country, while 45% involved parties from the same region, reflecting a slight increase from 2022.

Diversity and gender representation

The 935 individual arbitrators confirmed or appointed in 2023 came from 89 jurisdictions. Preliminary data indicates an increase in the number of women arbitrators: 269 women were confirmed further to party or co-arbitrator nomination or were appointed by the ICC Court, representing close to 30% of all appointments and confirmations. 

Importantly, 41% of all arbitrator appointments made by the ICC Court in 2023 were women. 

Emergency Arbitration

A total of 28 Emergency Arbitration applications were filed by parties from 33 jurisdictions, with over 40% of the applications involving multiple parties, 25% involving states and state-owned entities and 25% involving parties of the same nationality. The figures underscore the critical role EA in creating access to dispute resolution when it is most needed.

Expedited procedure

In 2023, 189 new cases were administered under the Expedited Procedure Provisions (‘EPP’), a new record. The ICC Court has administered a total of 713 cases under the EPP since the procedure was established in 2017.

ICC International Centre for ADR

The ICC International Centre for ADR received 75 requests across its service spectrum: 37 requests were filed under the Mediation Rules, 30 under the Expert Rules, 5 under the DOCDEX Rules, and 3 under the Dispute Board Rules.

Alexander Fessas, Secretary General of the ICC Court, said:

“The preliminary statistics for 2023 reaffirm ICC’s position as the premier institution for international arbitration and ADR. The increased case filings and the substantial amounts in dispute reflect the trust that parties worldwide place in ICC’s ability to manage complex, high-stakes disputes. We remain committed to enhancing our services to meet the evolving needs of the global business community”. 

The full 2023 ICC Dispute Resolution Statistics report will be available to the public later this year. Historical statistical reports are also available on the ICC Dispute Resolution Library (jusmundi.com):

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