2019 International Arbitration Survey – Driving Efficiency in International Construction Disputes – School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London and Pinsent Masons

Built on 646 completed questionnaires and 66 personal interviews, the survey assembles the views of a wide range of actors within the dispute resolution community and provides invaluable insight into stakeholders’ experiences and perceptions of international arbitration and several pre-arbitral processes such as Dispute Boards. In fact, it is the largest sector-specific empirical study School of International Arbitration at Queen Mary has ever conducted in international arbitration

2018 International Arbitration Survey: The Evolution of International Arbitration – School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London and White & Case LLP

The 2018 International Arbitration Survey, entitled “The Evolution of International Arbitration”, identifies the principal drivers and stakeholders that the arbitration community expects to influence the future direction of international arbitration. Trends investigated in earlier empirical studies have also been revisited in order to ascertain changes in user preferences and perceptions. Views were sought from a diverse pool of participants in the international arbitration sphere, including in-house counsel, arbitrators, private practitioners, representatives of arbitral institutions, academics, experts and third party funders. The findings of the survey draw from an unprecedented 922 questionnaire responses and 142 in-person or telephone interviews. These sheer numbers, as well as the wide geographical spread of contributing users, make this survey by far the most comprehensive empirical study the School of International Arbitration at Queen Mary has ever conducted

“Legal Instruments and Practice of Arbitration in the EU” – Study for the EU Legal Affairs Committee – 2014

Upon request by the JURI Committee, this study investigates the law and practice of arbitration across the European Union and Switzerland. It includes an in-depth examination of the practice and the laws relating to arbitration in each Member State of the European Union and Switzerland, as well as an examination of the involvement of Member States and the European Union in arbitration. While substantial harmony exists across the European Union at both the level of law and practice, the Study finds that arbitration in the European Union is predominantly regional, rather than transnational. It also concludes that investment arbitration is often a beneficial feature of investment agreements, although the terms of such agreements must be carefully designed.

Corporate choices in International Arbitration – Industry perspectives – 2013 International Arbitration Survey – School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London and PwC

The survey shows that major corporations, across different industry sectors, continue to affirm the benefits of arbitration to resolve transnational disputes. Corporations are becoming more sophisticated in procuring international arbitration services. Concerns over costs and delays in proceedings persist and in-house counsel are increasingly focused on getting value from the arbitration process. The survey shows corporations are investing in in-house resources and demanding a variety of alternative fee arrangements to share both the workload and the risks of proceedings more with external law firms. The survey attempted to identify differences in perceptions and practices in three major sectors of the economy (Energy, Construction and Financial Services).

An Empirical Study of Employment Arbitration: Case Outcomes and Processes – Alexander Colvin – Cornell University – 2011

Using data from reports filed by the American Arbitration Association (AAA) pursuant to California Code requirements, the article examines outcomes of employment arbitration. The study analyzes 3,945 arbitration cases, of which 1,213 were decided by an award after a hearing, filed and reaching disposition between January 1, 2003 and December 31, 2007. Key findings include: (1) the employee win rate amongst the cases was 21.4%, which is lower than employee win rates reported in employment litigation trials; (2) in cases won by employees, the median award amount was $36,500 and the mean was $109,858, both of which are substantially lower than award amounts reported in employment litigation; (3) mean time to disposition in arbitration was 284.4 days for cases that settled and 361.5 days for cases decided after a hearing, which is substantially shorter than times to disposition in litigation; (4) mean arbitration fees were $6,340 per case overall, $11,070 for cases disposed of by an award following a hearing, and in 97 percent of these cases the employer paid 100 percent of the arbitration fees beyond a small filing fee, pursuant to AAA procedures; (5) in 82.4 percent of the cases, the employees involved made less than $100,000 per year; and (6) the mean amount claimed was $844,814 and 75 percent of all claims were greater than $36,000.