Arbitration in the Americas

This website presents a report on arbitration in the Americas, along with the raw data generated during the survey research on which the report is based, edited to protect the confidentiality of respondents.

The report is authored by Tony Cole, Pietro Ortolani, Pinar Karacan and Stephanie Trindade Cardoso. It is based on survey research directed by Tony Cole, with Pietro Ortolani, Daniel de Andrade Levy, Manuel Gomez, Paolo Vargiu and Masood Ahmed. The research was performed with the support of the ICC International Court of Arbitration and of the Organization of American States.

The results reported here were generated through the use of a large-scale Survey that was delivered in all countries of the Americas (North, South, Central, Caribbean). To maximise participation, the Survey was translated into both Spanish and Portuguese.

The Survey was ultimately taken by 508 respondents from 39 countries across the Americas, with 422 respondents (83%) completing all questions asked. Because of the cross-border nature of much arbitration practice, individuals were asked to identify the country in which they primarily worked, rather than being allocated to a particular country based upon their geographical location.

National reports were drafted for each country from which 5 or more complete responses were received. Full response data is presented below for all States, including those from which fewer than 5 responses were received (however, where there were fewer than 5 respondents, some questions have been omitted to protect respondent confidentiality). For Brazil, Canada, and the United States of America, responses are also reported on a state/province level.

Finally, in order to ensure the accuracy of the interpretations of arbitral practice developed in each of the national reports included here, each national report has been reviewed by arbitration practitioners from the country in question. Feedback from those individuals has been incorporated into the interpretation of the Survey results, and the individuals themselves are identified at the beginning of each national report.