It’s been 10 years since we published our first Arbitration Scorecard and cracked open the door to the hidden world of international arbitration. With every biennial survey, the door keeps opening wider. Arbitration Scorecard 2013 spotlights 165 treaty arbitrations and 109 contract arbitrations that were active in 2011–12, including a record 121 billion-dollar disputes. What makes these cases interesting, though, goes beyond dollars and cents: They also capture the political and economic crosscurrents of our time. Investors have challenged bank regulators’ response to the global financial crisis (Ping An v. Belgium), Greece’s debt restructuring (Cyprus Popular Bank v. Greece), Germany’s ban on nuclear power after the Fukushima meltdown (Vattenfall v. Germany), Zimbabwe’s treatment of white farmers (Border Timbers v. Zimbabwe), the division of spoils after the breakup of Sudan (Sudapet v. South Sudan), and Egypt’s economic relations with Israel after the Arab Spring (Maiman v. Egypt). Freshfields Bruckhaus Deringer tops our list of the busiest high-stakes arbitration counsel, with Curtis, Mallet-Prevost, Colt & Mosle; Shearman & Sterling; White & Case; and King & Spalding following closely behind.
INTERACTIVE FEATURE: Click here Mapping the World’s Treaty Arbitrations: Which sovereign nations are the favorite targets of investment treaty disputes?
In the decade since we launched the Arbitration Scorecard, the cases have gotten larger and the world has gotten smaller.
Treaty arbitrations active in 2011—12 in which at least $100 million was in dispute.
Contract arbitrations active in 2011—12 in which at least $500 million was in dispute.
Plenty has changed in a decade of investor-state arbitration. But not enough.
ALM Legal Intelligence’s searchable database of arbitrations included in the 2013 Scorecard