The London Court of International Arbitration (the “LCIA“) has recently published its Casework Report for 2017 which contains statistics on its performance last year. The report makes for an interesting comparison with the 2016 report. This
article examines the LCIA’s 2017 figures, making comparisons also with
those of the International Chamber of Commerce (the “ICC“),where appropriate.
LCIA received 303 referrals in 2016, 253 of which fell under the LCIA
rules (LCIA acting as appointing authority or providing administrative
services in the others). Additionally, 8 further requests were made to
the LCIA for mediation and other forms of alternative dispute
resolution. These numbers were down from the LCIA’s record year of 326
referrals in 2015.
was also a reduced caseload in 2017 compared to the previous year’s
total, with 298 total referrals. Of these, 285 were for arbitration (233
falling under the LCIA rules), whilst there were 13 requests for
mediation and other forms of alternative dispute resolution. Despite the
reduced caseload, there is an overall upward trend in referrals over
the last decade. In 2007, the LCIA received only 128 arbitration
referrals, 101 of which under the LCIA rules. The ICC meanwhile reported
810 case referrals for 2017, which also represents a fall from its
record high of 966 cases in 2016.
industry sectors for arbitration in the LCIA followed a somewhat
similar trend in both 2016 and 2017. In both years, Banking and Finance
and Energy and Resources industries led the way and comprised over 20%
of the caseload (24% each). The largest departure from the 2016 figures
was seen in a fall in arbitration in the Construction and Infrastructure
sector, which fell from 16.2% to 7%. However, arbitrations from the
Professional Services industry more than doubled to 11%, up from 5.4% in
2016. However, the LCIA has put these changes down to annual
fluctuations more than long term trends.
LCIA again saw a diverse range of party nationalities in 2017, with
over 80% of the parties coming from outside the United Kingdom. The
United Kingdom did lead the way however, and represented 19.3% of all
arbitral parties in 2017, rising from 16.2% in 2016. Other notable
increases can be seen in Central and Eastern Europe which rose from 1.6%
to 4.9%, and also the United States which almost doubled from 5.7% to
10.1%. This is balanced out by some decreases; the biggest of these was
seen in parties from Asia falling from 14.8% to 8.8%. Lower percentages
were also seen in the Middle East and North African regions, and Central
and South America.
LCIA’s figures for 2017 show a positive move towards more diversity. In
terms of nationality, whilst the majority of arbitrators are still
British, the LCIA Court selected fewer British arbitrators this year
than previously; the LCIA Court selected non-British arbitrators 52% of
the time, compared with 26% and 20% where nominations were made by the
parties and co-arbitrators respectively. In 2016 the LCIA Court only
selected non-British arbitrators 19.8% of the time, whilst the parties
and co-arbitrator figures were at 10.5% and 9% respectively. The 2017
figures make for positive reading in this respect.
terms of gender diversity, the LCIA continued on a positive path in
2017. Although the number of female arbitrators selected has fallen from
102 to 97, this makes up a larger percentage of the whole (24%) than in
2016 (20.6%). This represents an overall 3% increase from 2016 figures,
with the majority still being selected by the LCIA Court, although more
were also selected by both parties and co-arbitrators. Similarly, the
ICC also declared a higher level of female arbitrators in 2017 with a
rise from 209 to 249. However, the ICC’s female arbitrators make up a
lesser percentage of total arbitrators when compared with the LCIA,
sitting only at 16.7%.
 The LCIA’s 2017 Casework Report can be accessed here: http://www.lcia.org/LCIA/reports.aspx.
 The LCIA’s 2016 Casework Report can be accessed here: http://www.lcia.org/LCIA/reports.aspx.
 The ICC’s data for 2017 can be found here: https://iccwbo.org/media-wall/news-speeches/icc-announces-2017-figures-confirming-global-reach-leading-position-complex-high-value-disputes/.