2022 Arbitration Trends From AAA and ICDR

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Authors: Kathryn E. Bettini , Lawrence G. Scarborough , Desmonne Alana Bennett

The American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) recently released their statistics for 2022, providing some insight into the state of domestic and international arbitration in both seats.

In 2022, 10,273 cases were commenced in the AAA and ICDR, an increase of 11% from 2021 (9,196 cases). Despite the increase in caseload, there was a year-over-year marginal decrease (~2%) in total claim amount: in 2022, claims totaled $14.9 billion, while in 2021 the total claim amount was $15.3 billion. The total counterclaim amount for 2022 saw a 10% decrease: $2.85 billion in 2022 compared to $3.2 billion in 2021.

Industry Statistics

The following industries experienced an increase in total claim amounts compared to 2021:

Life Sciences. In 2022, life sciences cases accounted for the largest claim amount by industry ($466 million), a 36% increase from $300 million in 2021. In 2021, energy cases held the top spot ($498 million).
Financial Services. In 2022, financial services cases increased significantly in terms of total claim amounts: in 2021, financial services cases accounted for just $70 million; by 2022, financial services cases increased to $202 million. The financial services caseload also increased by 65% over 2021 caseloads.

The following industries experienced a decrease in total claim amounts compared to 2021:

Energy. Energy cases accounted for $498 million in 2021; by 2022, energy cases accounted for total claims of $100 million (an 80% decrease).
Technology. In 2021, technology case claim amounts totaled $400 million; by 2022, total technology case claim amounts decreased by 73% to $107 million. Despite the decrease in claim amount, the total technology caseload increased by 12% compared to 2021 caseloads.
Commercial Insurance. In 2021, commercial insurance case claim amounts totaled $400 million; by 2022, commercial insurance cases decreased by 62% to $150 million.
Construction. In 2021, the construction case total claim amount was $150 million; in 2022, construction saw a modest 30% decrease to $105 million. Despite the decrease in total claim amount, construction caseloads increased by 18% when compared to 2021.

Telecommunications, food/beverage, advertising/public relations and hospitality/travel were all in the top industries for AAA/ICDR arbitration in 2021, but dropped off the list of top industries in 2022.

Entertainment (with $111 million in claims), cannabis ($105 million), chemicals ($105 million) and healthcare ($100 million) joined the list of top industries in 2022. Healthcare cases saw a 19% increase in caseload when compared to 2021.

Other Statistics

Emergency arbitrations held steady in 2022, with a total of 106 applications for Emergency Measure of Protection filed (same as in 2021). The outcomes of emergency applications also held steady, with 35% denied (same in 2021), 25% granted (increase of 1% over 2021), 14% granted in part (increase of 3% over 2021), 17% settled (decrease of 5% since 2021) and 9% withdrawn (same in 2021).

Other Arbitral Seats/Institutions

Faegre Drinker tracks similar statistics reported by other arbitral seats and institutions, including 2022 statistics from the HKIAC.

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