Where DRD Provides Value

USE OF DRD DATA IN THE
STEPS OF AN INTERNATIONAL ARBITRATION

1

CLIENT'S REQUEST
FOR A MTG

MEETING

Preliminary meeting with Client to receive briefing on the dispute and underlying contractual paperwork.
Arrange time for follow-up meeting

2

RESEARCH

RESEARCH

Review firm’s previous experience with comparable disputes under applicable institutional arbitration or mediation rules, or ad hoc
Use DRD data on industry sector, region, duration, costs, outcomes, to back up in-hour knowledge

3

INTERNAL MEETING

CONSIDER OPTIONS TO RECOMMEND TO CLIENTS

Review results of research & consider legal and factual merits
Assess prospects of success
Consider likely % recovery on claim and costs in arbitration
Duration, cost and outcome of mediation
Cross-check past experience with norms

4

FOLLOW UP
CLIENT MEETING

PROSPECTS OF A SUCCESSFUL OUTCOME

Report to Client on outcome of research & internal discussions
Advise firm’s opinion on prospects of success, whether through arbitration and a favorable award or through mediation (if this is a contractual or negotiable option

5

STRATEGY MEETING

STRATEGY CONSIDERATION

Consider timetable, funding and strategy if firm’s recommendations are agreed
If arbitration, and not prescribed by the arbitration agreement, consider 1 vs. 3 arbitrators and possible nominees
If mediation, consider possible nominees
Review DRD costs, duration, tribunal data in similar cases

6

NEGOTIATE, MEDIATE, ARBITRATE

DECISION ON HOW TO PROCEED

Based on all the foregoing, a fully-informed decision on how best to proceed can now be taken
Review time and cost to award or settlement and mediation success rates

7

COMMENCE PROCEEDINGS

PREPARING REQUEST OF NOTICE

Combined in-house experience with DRD statistical analysis to articulate claim, relief sought including any interim measures and procedural steps

8

CASE MANAGEMENT CONFERENCE

RESEARCH

Prepare for first CMC to optimize the procedural steps and interrogatories that appear in the first Procedural Order, to client’s best advantage
Use DRD reports to back up written and oral arguments for the above

9

WRITTEN SUBMISSION

WRITTEN SUBMISSIONS

Use DRD reports to supplement factual and legal argument for relief sought and to respond to any counterclaim

10

DISCOVERY

DISCOVERY DOCUMENTS

Use DRD reports to supplement argument for method and type of discovery, including e-discovery

11

WRITTEN OPENING STATEMENT

WRITTEN OPENING STATEMENTS

Use DRD reports to support factual and legal argument for relief sought

12

HEARING/POST HEARING

POST HEARING SUBMISSION AND COST APPLICATION

Use DRD reports to support factual and legal argument for relief sought in preceding written and oral arguments
Use DRD data to support cost application