This article updates and extends previously published statistical data of challenges of international arbitral awards according to Article 190(2) PILA (current database: 1989 through 2015). Additionally, it covers for the first time requests for revision of international arbitral awards (1989 through 2015) and challenges of domestic arbitral awards pursuant to Article 389 et seqq. CCP (2011 through 2015).
Based on Article 190(2) PILA, 69 decisions have been rendered in 2014 and 2015 since the last update. The tally of challenges is now 502 decisions. The percentage of successful challenges in non-sports (mainly commercial) arbitration remains at around 7 %, while the data suggest a slightly higher chance of approx. 10 % of awards being set aside in sports arbitration. The median duration of the procedure before the Federal Court is roughly six months.
Since 1992, 23 published decisions on requests for revisions have been issued. Only two requests have been successful so far. The duration corresponds to the duration of challenges.
Finally, 52 decisions in domestic arbitration based on Article 393(a)-(f) CCP have been issued. About 20 % of all decisions concerned employment matters. The chance of success of a challenge is about 20 %.
That comparatively high number stems mainly from successful challenges based on arbitrariness, a ground for challenge that is only available in domestic arbitration proceedings. The median duration is roughly five months.ASA Bulletin