The Interplay between Empirical Studies and Commercial Arbitration Practice
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As the international legal community places unprecedented emphasis on commercial arbitration and dispute resolution, there is ample opportunity for discussion, introspection, and reconsideration of policies and practices. In this environment, empirical studies, including surveys of stakeholder groups, provide a helpful source of insight and inference in advancing our mutual understanding of arbitration practices and stakeholder perceptions. There are many challenges and concerns regarding surveys, especially the availability of professional subjects; the inherent conflict between depth and breadth of surveys; the inevitable limitations on the survey group; difficulties regarding vagueness and ambiguity in responses; subject perceptibility of desirable answers — “faking good” — and interpretational issues. Notwithstanding these difficulties, there are many potential benefits to empirical studies, especially as an additional source of information alongside other traditional methods of research. The authors provide examples of how recent surveys advance our understanding beyond the realm of anecdote, and conclude with a list of subjects that would benefit from further empirical study.
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