Arbitration by the Numbers: The State of Empirical Research on International Commercial Arbitration

Abstract

This article provides an overview of the state of empirical research on international commercial arbitration, focusing on quantitative rather than qualitative studies. It begins by discussing sources of data on international commercial arbitration and providing a brief description of empirical research methods as applied to international arbitration, evaluating the strengths and weaknesses of the different methods. The article then summarizes the existing empirical literature on international commercial arbitration. The topics studied are diverse, ranging from the factors parties view as important in arbitration, to whether arbitrators charge cancellation fees, to whether arbitrators make compromise awards. But while the body of empirical research on international commercial arbitration is growing, much remains to be done. The article concludes by suggesting some possible topics for future research.