This article updates and extends previously published statistical data of challenges of international arbitral awards under Article 190(2) PILA (current database: 1989 through 2017). Additionally, it updates and extends data on requests for the revision of international arbitral awards (1989 through 2017) and challenges of domestic arbitral awards pursuant to Article 389 et seq. CCP (2011 through 2017).
Under Article 190(2) PILA, 74 decisions have been rendered in 2016 and 2017. The tally of challenges amounts to 576 decisions. The percentage of successful challenges in non-sports (mainly commercial) arbitration remains at around 7%. The data now also suggest a chance of approx. 7% for sports arbitration. The median duration of the procedure before the Federal Court is roughly 6 months, while it has been slightly declining again for the past two years.
Since 1992, the Federal Court has published 27 decisions on requests for revision of international awards. Thus far, three requests have been successful. The duration is a tad shorter than the one of challenges.
Finally, 79 decisions in domestic arbitration under Article 393(a)-(f) CCP have been issued to date. 18% of the decisions concerned employment matters. The chance of success of a challenge amounts to 19%. That fairly high number is largely due to successful challenges based on arbitrariness, a ground for challenge that is only available in domestic arbitration proceedings. As of 2017, the median duration of domestic setting aside proceedings amounts to roughly 5 months.
ASA Bulletin