SCC Statistics 2022

news
26 Apr 2023
Category
Insights

The SCC Arbitration Institute (the "SCC") has recently published its annual statistics, providing an insight into the evolving patterns and long-standing features of dispute resolution before the SCC. 

In 2022, the SCC had experienced a decline in its number of cases, which may be partly attributed to the challenges brought about by the war in Ukraine and the worsening economic situation. The SCC's decrease in caseload also mirrors the global downward trend after 2020, with the number of arbitrations decreasing in 2021 for many well-known institutions, such as the ICC, LCIA, DIS, SIAC and HKIAC. Based on the currently available data, only HKIAC managed to recover from this downturn in 2022.

Table 1. Number of cases registered at the SCC (2022-2012)

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

143
165
213
175
152
200
199
181
183
203
177

Nevertheless, the SCC's decline in caseload is somewhat offset by a significant increase in the disputed amount, with a total of EUR 1.6 billion in 2022 (compared to "only" EUR 840 million in 2021). The majority of disputes handled in 2022 arose from delivery agreements (22%), business acquisitions (21%) and service agreements (19%).

The SCC also emphasized that, despite the increase in the disputed amount and the economic hurdles, it had continued to administer disputes in a time and cost-efficient manner. About 67% of arbitrations commenced under SCC Arbitration Rules in 2022 were concluded within 12 months, and 84% of arbitrations conducted under the SCC Expedited Arbitration Rules - within 6 months. The significant number of virtual hearings, as well as the SCC's file sharing platform, all contribute to the expeditiousness and effectiveness of the proceedings. Notably, the new amended SCC Arbitration Rules 2023 and the SCC Expedited Arbitration Rules 2023 specifically provide for the possibility of virtual hearings.

The SCC also rightfully prided itself on the appointment of a record number of female arbitrators, making up the majority of arbitrators appointed by the institution in 2022 (54%). The overall percentage of female arbitrators appointed in SCC-administered proceedings in 2022 was 34%, showing a laudable 5% increase compared to the previous year (29%). The visible efforts of the SCC toward increasing representation of women in arbitration certainly reflect the global trend of arbitral institutions promoting gender diversity.

However, the statistics also showed that the parties had continued to be reluctant in appointing female arbitrators – in 2022, out of all arbitrators appointed by the parties, only 27% were women. This is, nevertheless, the highest percentage recorded for this category in the past 6 years and a significant increase in comparison to the results from 2021 (17%).

Table 2. The percentage of female arbitrators at the SCC (2022-2017)

2022

2021

2020

2019

2018

2017

Overall number
34%
29%
31%
23%
27%
18%
Among those appointed by the parties
27%
17%
23%
16%
24%
8%
Among those appointed by the institution
54%
49%
47%
32%
29%
37%

As regards the arbitrators' nationality, whereas arbitrators from 4 different continents received appointments in 2022, a distinct majority comes from Western Europe. The top 3 countries of arbitrators' nationality were Sweden (137), followed by the United Kingdom (11) and Germany (7). However, a rather slow shift toward national diversity in arbitrators' appointments may, to a certain extent, be a result of the evident precedence of Swedish, English and German law as the law governing the merits of the dispute.

Finally, it should be noted that international cases comprise about half of all cases administered by the SCC in the previous 10 years, including 47% of international arbitrations in 2022. Such statistics, combined with the nationality of the parties (41% non-Swedish) and the language of proceedings (almost 50% conducted in English), confirm the SCC's status as a truly international arbitral institution. 

Undoubtedly, as with almost all arbitral institutions, the year of 2022 brought plenty of challenges to the SCC. However, the statistics published confirmed that the SCC continues to be the leading forum for international arbitration, consistently pushing towards greater efficiency and diversity in all stages of the proceedings.

Written by Miljana Bigović, Associate, Tetiana Osypenko, trainee and Bohdana Sokoliuk, trainee.