HKIAC
Hong Kong
English
Chinese
ICC
English (~15%)
New York (~10%)
Swiss / French / German / Brazil (~10% each)
LCIA
English (90%+)
Swiss
New York
SIAC
Singapore (60%+)
English (~20%)
India (~5%)
The chart above has been colour-coded to show the take up of common laws and civil laws before these institutions.
Some further observations:
- The HKIAC and SIAC only publish their top three governing laws.
- That SIAC's third most common governing law is Indian law provides context to Indian parties' use of SIAC, as noted in earlier charts.
- The ICC and LCIA have the same top three governing laws: English, US (New York law) and Swiss laws. Where they differ: these governing law choices make up a relatively small proportion of the ICC's case load, whereas almost 90% of the cases before the LCIA are governed by English law, and its second and third top choices trail far behind (chosen up to 2% of the time). The ICC, in that regard, sees a greater diversity of matters as compared to other international institutions, consistent with the way it sees more diverse arbitrators as well (see next chart).
- When the ICC's top five governing laws are considered together, we see a 60-40 divide between common law and civil law systems, even though four of its five top users come from civil law jurisdictions.