July 4,2019:

Number of new cases in 2018 increased for almost all institutions compared to 2017. Solely, ICDR, SIAC, HKIAC and SCC recorded a decrease in case numbers. For many institutions, 2018 was a record year or second best year on the basis of new cases.

It is also noteworthy that the amount in dispute increased in all the institutions except for VIAC. SCC even reached a record of 13.3 billion EUR despite lower case numbers.

Secondly, for most institutions emergency arbitration has not played a significant role in 2019.

12 applications were filed with SIAC, four with the SCC, three with the LCIA and HKIAC. Solely the ICDR reported a higher number of emergency applications. Expedited procedures, on the other hand, had a greater significance. Most applications for expedited procedures were made to the ICDR (104), followed by the SIAC (59), SCC (52), LCIA (23) and HKIAC (19). The numbers from the ICC are currently still missing in this comparison.

Thirdly, Institutions have correctly recognized that the diversity is not only about gender. They have reported about both, gender diversity and arbitrators’ origins.

As to gender diversity, some institutions published information on the total number of female arbitrators in 2018 and/or the number of female arbitrators appointed by the institution.

SCC recorded the highest total number of female arbitrators with 27 % (a growth of 9 % compared to 2017), followed by the VIAC (24.6 %, growth of 8 %) and LCIA (23 %, decrease of 1 %). Highest percentage of female arbitrators appointed by the institutions were reached by:

As to the arbitrators’ origins, here it is striking that arbitrators from Europe, especially the United Kingdom, are always among the top three.

Arbitrators from UK rank first with the LCIA and second with SIAC. With the HKIAC, arbitrators from the UK rank either first (appointed by the institution) or second (appointed by parties or co-arbitrators). However, it should be noted that most parties have a common law background in these cases. In that case scenario, arbitrators from the UK seem to enjoy a special reputation.

Fourthly, surprisingly the number of investment cases remain stable or keep rising. In times of the ECJ’s Achmea decision, one could think that investment arbitration has lost its significance. Number of new ICSID cases further increased from 53 to 56.

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