La Revue Squire

International arbitration 2012


Rédigé par Matthew Jones le 15 Juillet 2013


ICC reports ‘high level of activity’ whilst LCIA notices a ‘healthy increase’ in casework

ICC – Key Facts

In 2012 applications for arbitration from the ICC saw a small decrease of 4.65% to 759 requests, down from 796 in 2011.
But the ICC maintains that it has seen ‘exceptional activity’ over the last 4 years, with yearly averages of 791 applications and 473 awards.
International arbitration 2012

2012 saw the introduction of the new 2012 ICC Rules of Arbitration, designed to reinforce the ‘efficient and cost-effective arbitration process’. This included the new provision for emergency arbitration, for which two applications were made.

75% of cases involved amounts in excess of US$1 million.

10% of cases concerned state or parastatal parties.

LCIA – Key Facts

The LCIA states that applications for arbitration totalled 265 in 2012, an increase of 18.3% on 2011.

The area with the greatest proportion of applications for arbitration concerned commodity transactions, with 16%.

International arbitration 2012
Meanwhile, the area with the greatest proportion in 2011, concerning loan or other financial agreements, accounted for 11%.
Almost 50% of those parties who referred disputes in 2012 were European, with parties from the UK making up 16 % of the worldwide figure (compared with 17.5 % in 2011).

The general trend suggests that there is a growing preference for sole arbitrators over a group of three arbitrators. In 2012, 54% of cases were assigned a sole arbitrator, whereas in 2009 the proportion was just 36%.

Just under 40% of the claims were for a sum exceeding US$1 million.

12% of claims were worth over US$20 million.

 “Although there has been considerable fluctuation over the last few years, the overall trend remains positive”, analysed the registrar’s report.
Curieusement les anglais font davantage confiance que les continentaux à l’arbitre unique (souvent un barrister), moins cher et plus rapide.





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