ACICA, in conjunction with FTI Consulting, yesterday launched the 2023 Evidence in International Arbitration Report (“Report”), reflecting the views of international arbitration practitioners in Australia and globally.

Developed from a global survey conducted in late 2022, the Report explores the impact of expert, lay and document evidence on case outcomes and critical trends like sustainability and equal representation.

Key findings

  • 96% felt increased tribunal intervention would improve the use of evidence in international arbitration.
  • 85% were satisfied with using and giving evidence in arbitration, with 64% preferring evidence in arbitration over litigation.
  • Though generally in favour of sustainability, when tested, over 50% of respondents would use less sustainable practices if it were more beneficial for their case.
  • Less than 1% engaged female experts more than half of the time.

The report was launched at an event in Melbourne at which a substantive panel discussion was held to bring the 2023 Evidence in International Arbitration Report to life. To provide practical tips, panelists offered their varying perspectives, as counsel, experts, and arbitrators practising in international arbitration. For those that were not able to attend, a recording of the event will be made available on the ACICA website shortly.

Click here to access a copy of the Report.

Click here to access a copy of the full media release about the Report.