LCIA Publishes 2024 Annual Casework Report: Key Takeaways
The London Court of International Arbitration ("LCIA") has published its 2024 Annual Casework Report (the "Report"), confirming its position as a leading arbitral institution for complex, cross-border disputes. We have identified some of the headline trends and statistics.
Caseload Trends
In 2024, the LCIA received 362 referrals for its services, 318 of which were for arbitration under the LCIA Arbitration Rules 2020 (the "LCIA Rules").
Parties
The LCIA's caseload remained overwhelmingly international, with parties from 101 different jurisdictions. Beyond the UK, the jurisdictions most represented were Kenya, the United States, Switzerland, the United Arab Emirates and the Russian Federation. The high number of Kenyan parties arose largely from 3 groups of multi-party cases. 95% of arbitrations involved at least 1 international party and 75% involved only international parties (i.e. parties outside of the UK). Only 5% of arbitrations involved parties that were all from the UK. Notably, 14% of cases involved states or state-owned entities, marking an increase from 11% in 2023.
London continued to dominate as the choice of seat in LCIA arbitrations, being selected in 89% of proceedings (compared with 86% in 2023). English law was the substantive law in proportionally fewer arbitrations (78%, compared with 83% in 2023). However, London was selected as the seat in 63% of arbitrations in which English law was not the substantive law.
Sectors
As in previous years, the LCIA's caseload drew from a wide range of sectors. The sector most represented was Transport and Commodities (including LNG, coal and metals) comprising 29% of cases (a slight decrease compared with 36% in 2023), followed by Banking and Finance at 17% (compared with 16% in 2023), Energy and Resources at 10% (compared with 14% in 2023) and Construction and Infrastructure at 8% (compared with 6% in 2023).
Sale of goods agreements were the basis of 36% of LCIA arbitrations (compared with 31% in 2023). A greater proportion of arbitrations arose from service agreements (19%, compared with 17% in 2023). The proportion of arbitrations arising from shareholder, share purchase or joint venture agreements remained consistent (15% in both 2024 and 2023, compared with 10% in 2022).
Relief Sought
As regards the total sums claimed, there was no significant change from 2023. However, there has been a proportionate increase in claims with a value of between USD 20M to USD 50M (13% in 2024, compared with 6% in 2022 and 12% in 2023); and a proportionate decrease in claims with a value of less than USD 1M (29% in 2024, compared with 34% in 2022 and 31% in 2023).
Of the 65 applications made in 2024 for interim and conservatory measures, 14 were granted, 28 rejected, 10 partially granted, 10 were superseded or withdrawn and 3 remain pending. Security for costs was the most common interim relief sought.
Arbitrator Appointments
In 2024, the LCIA made 455 appointments of 318 different arbitrators (compared with 445 appointments of 303 different arbitrators in 2023). The 455 arbitrators were from 47 different jurisdictions (compared with 41 in 2023). 72 arbitrators were first-time appointees to LCIA arbitrations, with almost equal gender representation among those appointees (49% women, 51% men). The LCIA Court's appointment of women as arbitrators stood at 45% compared with 48% in 2023. Selection of women arbitrators by parties and co-arbitrators remain lower, such that 33% of all arbitrators appointed were women (compared with 34% in 2023).
45% of arbitrators appointed in 2024 were non-British (compared with 42% in 2023).
In December 2024, the LCIA launched new Equality, Diversity, and Inclusion Guidelines, providing stakeholders with recommendations for integrating EDI principles throughout the arbitration process. The Guidelines can be found here.
Procedural Efficiency
Emergency and Expedited Procedures
Article 9 of the LCIA Rules provides options for: (i) expedited formation of a tribunal; (ii) appointment of an emergency arbitrator; or (iii) expedited appointment of a replacement arbitrator. In 2024, the LCIA received 15 applications for the expedited formation of a tribunal; and 4 applications for the appointment of an emergency arbitrator. In each instance, 1 application was granted.
Early Determination
The LCIA also saw 16 applications for early determination, only one of which was granted. The LCIA predicts that, with the enactment of the Arbitration Act 2025, there may be an increase in such applications in London-seated arbitrations (see our blog post summarising the amendments to Section 39 of the Arbitration Act 1996, introducing a summary disposal or early determination procedure, here).
Multi-Party and Multi-Contract Arbitrations
Parties continued to use composite requests to commence multiple arbitrations under single agreement. In 2024, 29 composite requests were made, commencing 22% of all cases (compared with 21% in 2023). Similarly, the LCIA saw 40 applications for the consolidation of proceedings. All but 1 were granted. The majority of composite requests (22 out of 29, or 76%) also led to the consolidation of proceedings.
Of the 8 applications made for joinder of a third party, only 1 was granted, 4 were rejected, and 3 were superseded or remain pending.
Comment
The Report demonstrates the LCIA’s enduring appeal as a leading arbitral institution for complex, cross-border disputes. Also evident is the popularity of mechanisms in the LCIA Rules that seek to generate procedural efficiencies for parties and tribunals alike. The Report confirms again London's popularity as a seat of arbitration even for disputes with no nexus to the UK and where English law is not the substantive law of an agreement.
The Report is available in full, here.