As featured in Décideurs Juridiques — available below in English and French.
Data analysis is often the difference between a successful outcome and a missed opportunity in high-value and complex international arbitrations. For the disputing parties, it can reveal hidden fact patterns that even the most experienced legal teams might overlook. For the arbitral tribunal, it makes their decisions more informed. In any event, it is crucial for an expert to balance the narrative argued by its client (party to the arbitration) and its role to provide objective and forensically sound analyses to the arbitral tribunal.
Data requires comprehensive collection, cleaning, and quality assessments that include completeness checks. A thorough scoping of the relevant data (e.g., geographies, business units, period of time), storage requirements, and technical specificities are necessary to formulate precise data requests that ensure all relevant information is captured accurately. This will in turn