DRD Analytics

Dive into our proprietary Dispute Resolution Data

Analytics Insights

Answers you need for your next case

Visualize data, formulate strategy, and analyze comparable cases, empowering you to make decisions.

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  • 6,000+ cases
  • 172,000+ data points
How it works

Elevate process & Streamline cases

Use DRD data every step of the way to ensure a cohesive, balanced, approach to arbitration

Research

Use DRD data on industry sector, region, duration, costs, outcomes, to back up in-hour knowledge

STEP 1

Internal Meeting

Consider likely % recovery on claim and costs in arbitration Duration, cost and outcome of mediation Cross-check past experience with norms

STEP 2

Strategy

Review DRD costs, duration, tribunal data in similar cases

STEP 3

Negotiate, Mediate, Arbitrate

Review time and cost to award or settlement and mediation success rates

STEP 4

Submission, Discovery, Opening Statement

Use DRD reports to supplement factual and legal argument for relief sought and to respond to any counterclaim. Use DRD reports to supplement argument for method and type of discovery, including e-discovery. Use DRD reports to back up written and oral arguments for the above

STEP 5

Hearing, Post Hearing, Award

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. Compare with DRD-indicated norms

STEP 6

Dispute Resolution Data is a sophisticated and invaluable resource for anyone working in the field of dispute resolution.

Edward Kehoe Head of International Arbitration - King & Spalding New York

DRD is simple and elegant: aggregate previously unavailable data in a convenient way so Counsel, both internal and external, can help set realistic client expectations across a wide variety of jurisdictions and arbitral regimes.

C. Mark Baker Global Co-Head of International Arbitration - Norton Rose Fulbright

Seize the opportunity – elevate your case reserch

Visualize data, formulate strategy, and analyze comparable cases to make informed decisions

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Data Stories

Research & Reports

Scenarios which illustrate how DRD can be used to provide value.

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Situation:  An international law professor has charged his law students with determining which alternative dispute resolution method is likeliest to achieve a favorable result for the claimant, XYZ Construction which is based in the USA, who is pursuing legal action against the respondent, CCC Concrete Co. which is based in Antwerp, Belgium.

XYZ claims that while in the process of building a new convention center in Antwerp (The Center for Global Excellence), CCC failed to communicate that their company would not be able to provide the necessary materials to complete construction of the convention center within the agreed-upon time frame of the contract.  Since the building schedule timeline was a key reason CCC Concrete was chosen over competitors – XYZ feels they are in breach of contract now that CCC acknowledges they will not be able to complete the convention center in the set time frame.  They estimate it will take at least 18 additional months from the original completion date in contract due to unforeseen circumstances. (For purposes of example assume no force majeure)

The law professor splits his students to role-play claimant and respondent positions.  He asks his students to examine a new resource, Dispute Resolution Data (DRD), that the law library recently acquired so their law school has the most up-to-date information regarding international commercial arbitration and mediation data.  Their assignment is to determine the following:

  1. What is the likelihood of being able to resolve this in mediation? 
  2. Where would the most favorable geographic region be to hold arbitration proceedings should mediation not work?  
  3. What is the average duration of arbitration cases in construction and likelihood of settlement?
  4. What is the average arbitration award in relation to claim amount?
  5. How much should they anticipate in institution and arbitrator/mediator fees?
  6. Does it make a difference in outcome if 1 versus 3 arbitrators are used?
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Situation: The Paris office of a US law firm has been instructed to draw up a draft contract for a European construction company, headquartered in Zurich, which has successfully tendered for a major element of an infrastructure project being undertaken in Canada by a multinational consortium.

A senior associate in the firm’s adversarial department has been asked by her transactional colleagues to draft the dispute resolution clause for the contract, which will provide for arbitration, with a possible stepped clause to include mediation.

Given the many nationalities and domiciles of the parties, and the place where the contract will be performed, all of which may fail to be considered when choosing the seat or legal place of any arbitration and the venue for any hearings, DRD data will provide a valuable backup to the firm’s expertise in a number of areas including:

 Some of the issues which the lawyer might research:

Comparing arbitration data for Europe and North America (the domiciles of the parties) and Asia (as a potential “neutral” jurisdiction), as a whole and in construction disputes.

  • Do the arbitral tribunals generally comprise a sole arbitrator or three? 
  • What is the average duration of an arbitration?
  • What is the average amount awarded as compared to the amount of the claim?
  • Do respondents frequently file counterclaims; if so, do they generally prevail?
  • Do tribunals sitting in these locations typically permit interrogatories?
  • What is the likelihood of recovering costs?
  • Are the courts at the seat likely to get involved?

 

 

 

Comparing mediation data in Europe, North America and Asia, as a whole and in construction disputes.

  • How are mediators selected?
  • What is the average duration of a mediation?
  • What are the settlement rates for mediation for the construction industry in each region?
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Situation: A dispute is brewing between a US contractor and a Latin American sub-contractor at a major energy plant in Latin America.  General Counsel of the contractor needs to weigh the implications of arbitrating the dispute under the contract terms if it cannot be nipped in the bud.

The parties’ dispute resolution argument calls for institutional arbitration at their chosen neutral venue in Europe, before a three-member tribunal to be selected by the parties.  General Counsel wants to have a grasp of the likely duration and cost of an arbitration in Europe by contrast with her experience and expectations, which are largely informed by practice and procedure in the United States.  Also, the approach likely to be taken by a tribunal at a European seat to such matters as motions practice and interrogatories.

 

DRD data will provide relevant and current stats, by all case types and by the energy industry, in Europe-sited arbitration, including:

  • Average duration and costs.
  • Average amount awarded as compared to the amount of the claim.
  • Counterclaims; value and success rate.
  • Prevalence of interrogatories.
  • Rates of settlement and at what point in the proceedings.
  • State court intervention.
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Situation: The General Counsel of a Mexican Claimant in a high-value commercial contracts arbitration that has been underway for several months believes that there is an opportunity to settle the dispute by negotiation or mediation, and bring the arbitration to an end before the financial and opportunity costs escalate any further. He instructs his external attorneys urgently to produce a brief on the pros, cons and options of seeking settlement at this time.

The arbitration is seated in New York with a three-member tribunal.  The Respondent is a German company.  In order to be able to negotiate from a fully informed position and with maximum leverage, the Mexican client wants data on settled arbitrations versus awarded arbitrations in Latin America, North America and Europe, to compare the outcomes that the parties might anticipate in their home jurisdictions and at the North American seat of the arbitration.

It is the weekend and the Associate designated to draft the briefing note is at his out-of-town home, but has access, on the DRD database, to all the data he requires without the need to travel to his office, including:

 Some of the issues which the lawyer might research:

  • Mediation duration and outcomes in commercial contract disputes in Latin America, Europe and North America, should the Respondent agree to mediate.
  • The consequences of proceeding with the arbitration, should the Respondent not agree to mediate, as to:
      • likelihood of the Claimant succeeding
      • likely level of recovery of the claim amount
      • duration and costs of the arbitration