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ARTICLE · 14 NOVEMBER 2022

ASBCA's FY2022 Report – A Look At The Numbers

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On November 1, 2022, the Armed Services Board of Contract Appeals (ASBCA) published its FY 2022 Report of Transactions and Proceedings, which provides statistics regarding the adjudication...

United StatesLitigation, Mediation & Arbitration
Stephen J. McBrady
Stephen J. McBrady
Skye Mathieson
Skye Mathieson
Michelle D. Coleman
Michelle D. Coleman
John Nakoneczny
John Nakoneczny
Amanda H. McDowell
Amanda H. McDowell

On November 1, 2022, the Armed Services Board of Contract Appeals (ASBCA) published its FY 2022 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, Central Intelligence Agency, National Aeronautics and Space Administration, Defense Logistics Agency, Defense Contract Management Agency, and other Defense agencies, Non-Appropriated Fund Instrumentalities, and the Washington Metropolitan Area Transit Authority.

According to this year's report, contractors prevailed in 71% of the appeals decided on the merits, up from a steady 53% in both 2020 and 2021. The Report also indicates that, as usual, the Board had a high success rate in resolving matters via alternative dispute resolution (ADR). Of the cases that went through non-binding ADR, 97% were resolved successfully—including mediation, arbitration, and ADR of undocketed appeals. The uptick in

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