06/01/2025
In December 2024, Professor Selma Lemes, co-author of the Brazilian Arbitration Law (Law n. 9.307/1996), published her annual research “Arbitration in Numbers” [1], referring to the 2022/2023 biennium, based on data collected from the eight main arbitral institutions in Brazil[2].
The research found that 318 (three hundred and eighteen) arbitration proceedings were initiated in 2023, involving a total of 29 billion reais. These new arbitrations, added to the ongoing proceedings, account for a total of 1.035 (one thousand and thirty-five) arbitration proceedings in the main Brazilian arbitration chambers.
Although the figures for 2023 are lower than those for 2022, Professor Selma Lemes attributes the reduction to the development of other appropriate dispute resolution methods, such as mediation – which has been increasingly used since the enactment of the Mediation Law and the COVID-19 pandemic – and dispute boards[3].
The research also found that corporate disputes are the most common and the highest-value cases in Brazilian arbitration proceedings. Other sectors of significant relevance in terms of the number of cases and the value of disputes are construction and energy.
The published data regarding expert evidence is noteworthy, attesting the production of 111 (one hundred and eleven) technical expert reports in 2023, with an average duration of 11 (eleven) months and costs between 15 thousand and 2,1 million reais. According to the researcher, the lengthy process for the production of expert evidence, combined with its high costs, prompted arbitration users to evaluate the international practices for improvement of Brazilian proceedings, highlighting the institutions’ ability for self-regulation.
Once again, the research shows an increase in female participation in arbitration proceedings, as well as a higher number of women appointed to act as president of arbitral tribunals – 51% (fifty-one percent) and 49% (forty-nine percent) nominations for women and men, respectively. This shift is a reflex of the increase in inclusive policies by arbitral institutions, aiming to balance male and female participation in arbitration.
The data presented by the “Arbitration in Numbers” research indicates the maturity of arbitration in Brazil and its adaptability to market demands for increasing gender equality, efficiency, and the reduction of costs. The survey also revealed the high development of other appropriate dispute resolution methods, such as mediation and dispute boards, which are increasingly used alongside arbitration.
Once again, the research reveals the success and relevance of arbitration to the realm of business.
[1] LEMES, Selma (Coord.). Arbitragem em Números: Pesquisa 2022/2023. Canal Arbitragem. São Paulo, 2024. Available at: https://canalarbitragem.com.br/wp-content/uploads/2024/12/Arbitragem-em-Numeros-2024.pdf.
[2] Since 2017, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) has established its regional office for Latin America in the city of São Paulo.
[3] GABBAY, Daniela Monteiro; MONTEIRO DE BARROS, Vera Cecília. (Coord.). Mediação em Números: 10 anos – 2012 a 2022. FGV Direito SP e Canal Arbitragem. São Paulo, 2023. Available at: https://canalarbitragem.com.br/wp-content/uploads/2023/05/Mediacao-em-Numeros_RelatorioPesquisa.pdf
Co-authored by: Silvia Rodrigues Pachikoski, Mariana Dias Sallowicz, Gabriel Rogenfisch Quintans, José Victor Palazzi Zakia and Julia Guimarães Rosseto
