Statistics and casework report
Caseload increase
Throughout 2019, the growth trend in the number of Requests for Arbitration processed by the Chamber was confirmed, reaching the highest level since 2010 with 27 new proceedings initiated.
In addition, over the last few years, Câmara do Mercado has been consolidated as one of the main Arbitration Chambers in the country. The choice of the parties in the preference for the institution is undeniable, considering that almost three quarters of the caseload (71%) are derived from optional arbitration clauses.
In its nearly twenty years of experience, the Chamber has handled more than 30 billion reais in disputes in arbitration procedures.
Below are the main statistics and indicators that reveal important empirical data about the Chamber’s caseload.
Caseload
Arbitral Proceedings administered by the Chamber
The Chamber’s caseload reveals its position as a benchmark in Arbitration Chambers, highlighting its experience in the administration of arbitration proceedings.
The number of Requests for Arbitration in 2019 follows the upward trend in the number of cases.
Amounts in dispute
In its nearly twenty years of experience, the Chamber has handled more than 30 billion reais in disputes in arbitration proceedings.
In 2019 alone, nearly 11 billion reais were in dispute, averaging in over 140 million reais for each arbitral proceeding.
Active arbitral procedures in 2019
| Total | Average |
|---|---|
| R$ 10.926.330.347,53 | R$ 143.767.504,57 |
Mainly subjects discussed in the arbitral procedures of 2019
Due to the Chamber expertise in the management of procedures related to corporate law, especially those derived from the capital market, the subjects of the procedures reflect the experience of the Chamber.
Procedures subjects in 2019
| Corporate | Capital market operations | Engineering and infrastructure | Contracts |
|---|---|---|---|
| 54 | 6 | 1 | 17 |
Optional clauses vs. mandatory clauses:
Despite the fact that Câmara do Mercado is part of the structure of B3 (the Brazilian Stock Exchange), having been founded in 2001, right after the creation of special market segments, the Chamber historical and current collection reveals that the vast majority of procedures (more than 70%) are derived from optional clauses, that is, those included voluntarily by the parties, regardless of regulatory provisions of the special listing segments.
| Full Caseload | |
|---|---|
| Mandatory clauses | 43 |
| Optional clauses | 106 |
| Caseload in 2019 | |
|---|---|
| Mandatory clauses | 28 |
| Optional clauses | 50 |
Average time of proceedings in 2019
The average duration of the arbitral proceedings administered by the Chamber is 25 months (from the request for arbitration to the final award or to the request for clarification) and 17 months (from the signing of the terms of reference).
Average time of the procedures in 2019 (in months)
| From the request for arbitration | From the signing of the terms of reference |
|---|---|
| 25 months | 17 months |
Gender diversity in 2019.
A recent statistic reveals a wide disparity in gender representation in different roles.
| Total | Co-arbitrator | Chairman arbitrator | Sole arbitrators | Laywers | |
|---|---|---|---|---|---|
| Women | 23 | 11 | 10 | 2 | 180 |
| Men | 123 | 85 | 38 | 3 | 527 |
Secretaries of arbitral tribunals - 2019
| Total | Women | Men |
|---|---|---|
| 31 | 21 | 10 |
The task of measuring the evolution of gender diversity is fundamental to further decrease the gender diversity gap in arbitral proceedings. Naturally, it is not usually up to the Chamber the role of appointing arbitrators and specially not to hire parties’ representatives, however, we hope that this data serves as an impulse to the arbitral community to close the existing gap.