The study “Arbitration in Numbers I 2025 Survey”, conducted by Prof. Selma Ferreira Lemes since 2005 with the technical assistance of Vera Cecília Monteiro de Barros and Bruno Hellmeister Lico Canal, and co-organized by Canal Arbitragem, consolidates data from 2023 and 2024 and provides an updated overview of institutional arbitration in Brazil. The research is based on information collected from eight arbitral institutions and allows for both a review of recent developments and a comparison with previous editions.
From a quantitative standpoint, the survey indicates that the number of new arbitration cases remains high, with moderate variations compared to prior years. At the same time, there has been a significant increase in the total monetary value of newly initiated arbitrations. The overall economic amounts involved in 2023 and 2024 exceed levels observed in earlier cycles, particularly when compared to 2023, which had registered a notable decline in aggregate values.
Regarding the subject matters submitted to arbitration, corporate disputes, as well as cases related to construction and the energy sector, continue to lead in number of proceedings. However, arbitrations involving general business contracts, supply of goods and services, and, in specific institutions, labor, sports, and maritime arbitration have also gained prominence, demonstrating the thematic diversity of arbitral disputes.
The participation of direct and indirect Public Administration remains relevant, with an increase in arbitrations involving public entities. These proceedings account for substantial monetary amounts, particularly in 2023, when they represented a significant portion of the total value of newly commenced arbitrations. According to the survey:
“The choice of arbitration (and of dispute boards as mechanisms to prevent disputes) in public contracts (concessions and PPPs) is aligned with modern public management, which prioritizes consensuality and efficiency in contracts entered into with private partners for the execution of infrastructure works at the federal, state, and municipal levels.”
Other mechanisms have gained increasing relevance in the data presented, such as third-party intervention, the issuance of arbitral letters – used as instruments of cooperation between arbitration and the Judiciary, especially for acts that require judicial assistance, such as the release of funds deposited in court and the taking of evidence – and third-party funding.
On the procedural front, the survey provides a more detailed analysis of the duration of proceedings, distinguishing between arbitrations with and without expert evidence. It confirms that the production of technical evidence has a significant impact on the average duration of cases.
The survey also highlights that female participation in arbitral tribunals remains low compared to male participation, underscoring the need to “continue developing inclusive and awareness-raising policies within the arbitral legal community to promote equal opportunities for men and women in serving as arbitrators.”
Finally, among other relevant findings, the number of challenges to arbitrators in proceedings conducted in 2023 and 2024 was minimal. This suggests that “the arbitral microsystem regulates the matter efficiently, in accordance with the requirements set forth in the Arbitration Act for serving as an arbitrator.”
Overall, the survey offers a current and well-structured portrait of institutional arbitration in Brazil, bringing together data that help explain how proceedings have been distributed in terms of monetary value, sectors, and procedural characteristics in recent years.
It is a rich and analytically detailed study that goes beyond the most obvious figures. For that reason, reading the full report is strongly recommended—whether to gain a deeper understanding of the data presented or to explore in greater detail the methodology adopted and the various aspects examined throughout the research.
