LCIA publishes its casework report for 2021 – showing among other things an increased number of cases from North America and the Middle East and continued improvement in arbitrator diversity in appointments by the LCIA Court

The LCIA has published its Casework Report for 2021, its annual summary of its caseload and trends. It reported fewer new cases than in the record high year of 2020, in a return to caseload figures around pre-pandemic levels. The top three industry sectors of the LCIA’s caseload remain banking and finance, energy and resources and transport and commodities (together representing 65% of cases).

While the number of cases referred from Russian parties declined (from 6.8% of parties in 2020 to 2.1% in 2021), the percentage of parties from North America and the UAE doubled (from 4.9% and 4.3% of parties in 2020 to 9.8% and 9.5% in 2021 respectively).

The report also demonstrates continued progress by the LCIA Court in the gender and nationality diversity of its arbitrator appointments, in contrast to party appointments.

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The ICC has recently published statistics for 2019, hailing it as a “record year”. 2019 saw a total of 869 cases registered (of which 851 were under the ICC Arbitration Rules). This is the second highest number of cases registered in the ICC’s history, with only 2016 having a larger caseload (966 cases). The statistics also show improved numbers for the gender and geographical diversity of both users and arbitrators. Overall, these numbers demonstrate ICC’s global reach and position as one of the leading arbitral institutions for complex, high-value disputes.

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The International Centre for Settlement of Investment Disputes (“ICSID”) has released case statistics for 2019 and updated their records for cases since 1972 (available here). ICSID has historically administered the majority of investor-state claims and these statistics remain an important bellwether for trends in such disputes. The 2019 statistics show that a lower number of cases were registered this year. There was a dip in cases involving state parties from Eastern Europe and Central Asia, and the highest proportion of cases involved state parties from South America. As in previous years, cases involving the oil and gas, electric power and other energy sectors dominated.

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