Introduction to the Data and Basic Demographics

Abstract

Chapter 3 seeks to contextualize data and cost-related variables at the heart of the book. Initially, it demarcates among data from complete cases, individual awards, and separate opinions. It does so largely because costs—within a single case—could be assessed in multiple awards. Separate opinions are explored, as subsequent chapters explore their cost implications. Chapter 3 also focuses on core descriptive variables, both to identify paradigmatic characteristics of ITA disputes and to set the stage for mapping ITA costs. It explores party identity, including investors (one of the most under-explored elements of ITA) and state identity (including development status). It then offers descriptive information about other stakeholders, including non-disputing parties and counsel, with a particular focus on law firms that are repeat players. It then offers core information about industries and institutions administering ITA cases. These descriptive elements are used to assess and predict arbitration costs in subsequent chapters.