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Statistical survey 2023

CEPANI statistical survey 2023

This yearly report provides a statistical overview of CEPANI arbitration in 2023 and its evolution in comparison with past years.

In this report, you will find information about proceedings administered by CEPANI such as the origin of the Parties, the language and the seat of the arbitration, the constitution of Arbitral Tribunals, statistics on the appointed Arbitrators, the average duration of CEPANI arbitration procedures and more.

The impact of the economic crisis has led to fewer arbitration proceedings initiated in 2023 than in previous years. This was also reflected in other national arbitration institutions.

Furthermore, the general trend of internationalisation has continued its pace; this reflects in the origin of the Parties, the language of the arbitration and the nationality of the appointed Arbitrators.

More striking is the amount in dispute that is generally overall higher than in 2022. Indeed, no less than 46% of the CEPANI arbitration procedures involved cases over one million euros, while in 2022 en 2021 33% of the cases involved a similar claim. 

Finally, CEPANI continues its commitment to ensure that each case is handled with the requested efficiency and rapidity and in accordance with the specific needs of the Parties.

Origin of the Parties

In 2023, 43% of the cases were introduced between Belgian Parties, 48% involved at least one Belgian and one international Party, and 9% of the cases involved solely international Parties.

Compared to 2022, procedures involving only international Parties have increased by 6%, procedures involving at least one Belgian and one international Party have increased by 16%, while on the other hand procedures involving exclusively Belgian Parties have decreased by 22%.

  • 43%
    Belgium vs Belgium
  • 48%
    Belgium vs Int.
  • 9%
    Int. vs Int.

International Parties

  • Cyprus
    2
  • Italy
    1
  • Austria
    1
  • Luxembourg
    1
  • United Kingdom
    2
  • Netherlands
    2
  • Germany
    3
  • Taiwan, Province of China
    1
  • Czechia
    1
  • Lebanon
    1
  • Denmark
    1
  • France
    2
  • Hong Kong

Language of the arbitral proceedings

In 2023, the French cases have decreased by 35%, while the Dutch cases have increased by 1% and the English cases have increased with no less than 34% in comparison to 2022. 

Indeed, 61% of the cases were introduced in English, 17% in Dutch and 22% in French.

  • Dutch
    17%
  • French
    22%
  • English
    61%

Place of the Arbitration

Brussels as place of arbitration is a steady trend. 

In 2023, 74% of the cases have chosen Brussels as seat of their arbitration and 26% of the cases had their seat in another city, which were all located in Belgium.

In comparison to 2022, 84% of the cases had Brussels as seat of arbitration, while 16% of the cases had their seat in another city.

  • Brussels
    74%
  • Belgium
    26%

Nature of dispute

  • In 2023, 9% of the cases concerned general issues of civil law;

  • 48% related to a service agreement; and

  • 43% related to a share purchase agreement.

    In comparison to 2022, share purchase agreement related disputes have increased with 35% (!), while civil law agreement related disputes have decreased with 10% and service agreement related disputes with 9%.

  • 9%
    Civil law disputes
  • 48%
    Service agreement disputes
  • 0%
    Corporate disputes
  • 43%
    Share purchase agreement disputes

Amount in dispute

The expedited proceedings (< € 100.000,00) have been very successful (22% of the cases), while cases over 1 million euros have also increased (46% of the CEPANI cases compared to 33% in both 2022 and 2021).

  • ↓ € 100.000,00 22%
  • € 100.000,00
    -
    € 200.000,00
    14%
  • € 200.000,00
    -
    € 500.000,00
    9%
  • € 500.000,00
    -
    € 1.000.000,00
    9%
  • € 1.000.000,00
    -
    € 10.000.000,00
    32%
  • ↑ € 10.000.000,00 14%

Arbitral Tribunal

The majority, i.e. 56%, of the Arbitral Tribunals were composed of a Sole Arbitrator. 44% of the Tribunals were composed of three Arbitrators.

In comparison to 2022, 69% of Sole Arbitrators were appointed.

This evolution marks an important change compared to the previous years where a majority of the Arbitral Tribunals were composed of three Arbitrators.

  • Chairman
    44%
    • 86% Chosen by parties
    • 14% Appointments by Committee
  • Sole Arbitrator
    56%
    • 22% Chosen by parties
    • 78% Appointments by Committee

Woman in Arbitration

23%

In 2023, 23% of the Arbitrators appointed were women, 43% of which were appointed by the CEPANI Appointments Committee and 57% directly by the Parties.

In 2020, 15% of the appointed Arbitrators were women. In 2021, 35% of them were women and in 2022 40%.

Subtle precision, these numbers take into consideration ALL the appointments made in 2023, meaning confirmations by the Appointments Committee of Party appointed Co-Arbitrators or Party appointed Sole Arbitrators/Chairs along with the appointments made by the Appointments Committee itself.  When taking into consideration only the appointments made by the Appointments Committee itself (thus excluding all confirmations of Party appointed Arbitrators), 37,50% of these appointments are women in 2023. 

As we know, increasing diversity in arbitrations does not depend only on the institutions but also on the Parties.

Youngsters in Arbitration

<
40yo
13%

In 2023, 13% of the Arbitrators appointed were below 40 years old.

75% of them were appointed by the CEPANI Appointments Committee, 25% by the Parties.

On the basis of the closed procedures:

In 2023, an arbitration procedure administrated under the CEPANI Arbitration Rules lasted 15 months, calculated as follows:

Ordinary Procedure: average duration 15 months
1 2,5m
2 1,5m
3 11m

1. Introduction to appointment

The CEPANI Arbitration Rules provide for a one-month deadline for Parties to pay the advance on arbitration costs. The Appointments Committee shall only appoint the Arbitral Tribunal when the advance on arbitration costs has been paid in full. In practice the 2,5 months are due to delays when paying the advance on arbitration costs.

2. Appointment → TOR:

The CEPANI Arbitration Rules provide for a one-month deadline. Clearly, Arbitrators - in collaboration with the Parties and their Counsel – have made every effort to meet this strict deadline.

3. TOR → Award

When drawing up the Terms of Reference, or as soon as possible thereafter, the Arbitral Tribunal will organise a case management meeting between the Arbitral Tribunal and all Parties involved in the proceedings. This meeting may take place in person or via telephone or video conference. After having consulted the Parties, the Arbitral Tribunal will draw up in a separate document the Procedural Timetable. The CEPANI Arbitration Rules grant the Arbitral Tribunal a deadline of six months to render its Arbitral Award as from the signature of the Terms of Reference. The average time limit of 11 months is due to the fact that Procedural Timetables are established in consultation with the parties and exceeding – and thus extending – the six-month deadline provided for in the CEPANI Arbitration Rules. In comparison with 2022, an arbitration proceeding lasted an average of 16 months.
Expedited Procedure average duration 6 months
1 2m
2 4m

1. Introduction → Appointment

Following Article 29 of the CEPANI Arbitration Rules, the expedited procedure shall apply if the amount in dispute does not exceed the amount of € 100.000,00 or if the Parties so agree. In the context of an expedited procedure there are no Terms of Reference.

2. Appointment → Award

Moreover, the deadline granted to the Tribunal to make the Arbitral Award is 4 months as of the date of the establishment of the Procedural Timetable. In comparison with 2022, an expedited proceeding under the CEPANI Rules lasted 8,5 months.

Contact CEPANI

Rue des Sols Stuiverstraat 8 — B-1000 Brussels
info@cepani.be — +32 2 515 08 35
BTW BE 0413 975 115

Financial information

BNP  BE45 2100 0760 8589 (BIC GEBABEBB)
KBC  BE28 4300 1693 9120 (BIC KREDBEBB)
ING   BE36 3100 7204 1481 (BIC BBRUBEBB)

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