ICC Releases Preliminary 2023 Arbitration and ADR Statistics

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

ICC International Court of Arbitration President Claudia Salomon commented on the trust placed in the ICC's services, stating, “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.”

The ICC Court approved 520 draft awards in 2023, which included 384 final awards, 104 partial awards, and 32 awards by consent. Of these, 512 were approved with considerations raised during the ICC Court’s scrutiny process. Additionally, 42 draft awards were returned to the arbitral tribunal for further consideration.

Parties from 141 jurisdictions were involved in 2023 filings, with Europe accounting for 40%, Asia and the Pacific 25%, Latin America 14%, North America 13%, and Africa 8%. Notable increases were observed in parties from Central and Eastern Europe, North America, and the Middle East. Arbitrations were seated in 116 cities across 63 countries, with France, the United Kingdom, Switzerland, the United States, and Brazil remaining the top five seats of arbitration.

The average amount in dispute in 2023 filings was $65 million, with a median value of approximately $5.5 million. The aggregate amount in dispute reached $53 billion. For pending cases, the average amount was $150 million, with a median of $13 million, and a total of $255 billion.

In 2023, 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 saw significant improvements, with 935 individual arbitrators from 89 jurisdictions confirmed or appointed. 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 also played a critical role in 2023, with 28 applications filed by parties from 33 jurisdictions. Over 40% of these applications involved multiple parties, 25% involved states and state-owned entities, and another 25% involved parties of the same nationality, underscoring the importance of emergency arbitration in providing access to dispute resolution when it is most needed.

The Expedited Procedure Provisions (EPP) saw a record 189 new cases in 2023, bringing the total to 713 cases administered under EPP since its establishment in 2017.

The ICC International Centre for ADR received 75 requests across its service spectrum, including 37 requests under the Mediation Rules, 30 under the Expert Rules, five under the DOCDEX Rules, and three under the Dispute Board Rules.

Alexander Fessas, Secretary General of the ICC Court, emphasized the ICC’s leading position in international arbitration and ADR, saying, “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.”