Arbitrator Intelligence is a global information aggregator that collects and analyzes critical information about decision making by international arbitrators. This information, most of which is not otherwise publicly available, enables users of arbitration to make better-informed, data-driven decisions about arbitrator selection and case strategy.
By increasing access to critical information about arbitrators and their decision-making, Arbitrator Intelligence aims to promote transparency, accountability, and diversity in arbitrator selection. Learn more about Arbitrator Intelligence’s values below.
Our process begins with the “Arbitrator Intelligence Questionnaire” or “AIQ,” a proprietary questionnaire designed by Arbitrator Intelligence. The AIQ asks several factual, interpretive, and evaluative questions about the procedural and substantive decision making of tribunals in international arbitrations. Parties, in-house and outside/external counsel, and third-party funders complete AIQs at the conclusion of an international arbitration.
Following the submission of AIQs, Arbitrator Intelligence aggregates the quantitative and qualitative feedback collected to produce Reports analyzing the procedural and substantive decision making of individual arbitrators. Reports are offered for sale via Arbitrator Intelligence’s website here. The data analytics in the Reports provide arbitration users with unique information so that they can make better-informed decisions about arbitrator selection and case strategy. The data are useful as a starting point for narrowing the pool of possible arbitrators to appoint, comparing arbitrators being considered for appointment, and learning about arbitrators appointed by opposing parties or institutions.
The AIQ, or “Arbitrator Intelligence Questionnaire,” is a confidential online survey designed by Arbitrator Intelligence to facilitate the efficient and systematic collection of information about arbitrator case management and decision-making. Completing an AIQ takes no more than 15 minutes.
Parties, in-house and outside/external counsel, and third-party funders complete AIQs about arbitrations in which they participate. Arbitrator Intelligence aggregates the information gathered through AIQs to create Reports, providing arbitration users with valuable insights about arbitrator selection and case strategy.
To take the AIQ, click here.
Arbitrator Intelligence had two main goals in developing the AIQ. The first goal was to systematically collect information about arbitrator case management and decision making that approximates the kinds of information about past cases that parties and counsel currently collect on an ad hoc basis through personal inquiries. The second goal was to collect information regarding issues raised in public debates regarding arbitrator conduct and related reforms, such as timing in the drafting of awards, fairness and efficiency of proceedings, and the award’s engagement with expert witness evidence.
The AIQ is the product of extensive academic research and has been developed over a lengthy period. During the development process, Arbitrator Intelligence rigorously pilot tested the AIQ and received extensive feedback from external advisors and commentators who represented a range of different stakeholders with different areas of expertise. Arbitrator Intelligence continues to refine the AIQ in order to gather the most useful and valuable information for our Members and customers. Feedback on the AIQ is always welcome and can be provided by email to email@example.com.
The AIQ can be completed by many different users of arbitration including parties, their in-house counsel, their outside/external counsel, and third-party funders. Members of each of these categories routinely fill out AIQs. Multiple responses from different participants in a single case are welcome. Data from different sources will facilitate increased quality control and more nuanced data assessment.
Arbitrators, arbitral institutions, and arbitral secretaries are not permitted to complete AIQs to avoid disclosure of any confidential information.
Yes. The AIQ is currently available for completion in Arabic, Brazilian Portuguese, and Spanish. The AIQ will be available in additional languages in the future.
Protecting party confidentiality is of paramount importance to Arbitrator Intelligence.
Arbitrator Intelligence designed the AIQ to enable it to collect critical information about past arbitrations while protecting party confidentiality. The AIQ does not seek information that would readily identify the case or the parties, such as the names or locations of the parties or the names of their law firms.
For quality assurance purposes, everyone who completes an AIQ is required to register and Arbitrator Intelligence takes steps to verify their identity, but the identities of all individuals who complete AIQs are maintained as confidential. The identity of AIQ responders is never published, shared with third parties, or otherwise connected with any specific AIQ responses.
The AIQ is divided into two phases to make it quick and easy to complete. Both phases can be completed in a total of 15 minutes or less, with each phase taking 5 to 7 minutes to complete.
Phase I focuses on obtaining objective background information about the case and can be completed by anyone who has access to the arbitral award or case file. Certain background information, such as arbitrator names, provided during Phase I is used to prefill the information in Phase II, making makes Phase II even easier to complete.
Phase II contains questions seeking information about aspects of the proceedings that is not generally available in the award, as well as some questions that seek professional evaluations and interpretations. Phase II should be completed by an attorney or party who actively participated in the case.
Arbitrator Intelligence is committed to ensuring the validity and reliability of its data collection and analysis. Arbitrator Intelligence has put in place a number of protocols and procedures to ensure that information collected through the AIQs is relevant, accurate, and reliable.
Anyone who completes an AIQ is required to register, and steps are taken to verify their identity, which is thereafter kept anonymous in order to protect the confidentiality of AIQ responders.
Arbitrator Intelligence has established strict protocols to ensure that the data and approach to analysis in its Reports are consistent, coherent, and conform to best practices regarding data reliability. Arbitrator Intelligence also adheres to protocols to ensure the validity of all inferences and analytics derived from the data.
The vast majority of questions posed in the AIQ seek factual data (e.g., arbitrator names, dates, institutional names and applicable rules, etc.). The AIQ also includes some questions that seek the AIQ responder’s interpretation of the award and assessment of the arbitrator’s approach to case management (e.g., procedural rulings, questions posed during hearings, analysis of damages issues).
Importantly, AIQ responders are asked to self-report whether they consider the final outcome of the arbitration to be as expected, or more or less favorable than they expected.
The AIQ has a number of features designed to ensure not only the accuracy, but also the fairness, of the information in the Reports.
First and foremost, before AI publishes a Report about an arbitrator, it gives the arbitrator who is the subject of the Report the opportunity to review it and consent to its publication. If the arbitrator does not consent, AI will not publish the Report.
Second, while the identity of everyone who completes an AIQ is kept confidential, all AIQ responders are required to register and verify their email address before they may complete an AIQ.
Third, the vast majority of questions posed in the AIQ require the AIQ responder to provide factual data (e.g., arbitrator names, dates, institutional names and applicable rules, etc.). The AIQ also seeks feedback on questions that require interpretation or assessment of arbitrators’ decision making. The Reports provide context for evaluating this feedback in light of the nature of the case and whether the AIQ responder self-identified as a “winning” or “losing” party.
Finally, Arbitrator Intelligence is not a ratings agency and makes every attempt to ensure that both the AIQ and Reports are substantively and culturally neutral (i.e., Arbitrator Intelligence does not prefer one style or approach to decision making over another). Reports do not include data that would be useful for, and they are not intended for use as, a resource for arbitrator challenges, as clarified in the terms and conditions that apply when purchasing our Reports.
Through its unique AIQ and its extensive relationships with arbitral institutions, law firms, and users of arbitration, Arbitrator Intelligence is able to collect crucial data and feedback about arbitration proceedings that are not publicly available. It collects this data while still maintaining the confidentiality of the underlying cases and the anonymity of those who provide such information. Only Arbitrator Intelligence has and can provide access to this information and the valuable strategic advantages and insights that it offers to arbitration users.
Membership is available to law firms and all users of international arbitration, including corporate and private parties, State parties, and third-party funders. Members are entitled to special discounted pricing for Reports. In exchange, Members agree to provide Arbitrator Intelligence with completed AIQs for past and future arbitrations. Membership thus creates a virtuous circle with those who provide data receiving the most advantageous pricing on Reports.
By becoming a Member, law firms can ensure their clients can obtain access to valuable insights about arbitrator decision making at a significant discount. Law firms also benefit by being able to supplement and test the accuracy of traditional research undertaken on an ad hoc basis.
Corporate and State parties can also become Members to obtain discounted access to Reports directly and, if their external counsel are also Members, additional discounts.
To obtain further information about Membership, sign up here.
Arbitrator Intelligence enters into Cooperation Agreements with arbitral institutions. Under these agreements, arbitral institutions agree to encourage parties and their counsel to take the AIQ at the end of each arbitration administered by the institution. In exchange, Arbitrator Intelligence provides free Reports (and other data) to cooperating institutions.
Some cooperating institutions inform arbitrators on their websites and in their Statements of Independence that they will be encouraging parties and counsel to provide feedback through the AIQ. Anecdotal evidence suggests that the mere inclusion of this reference encourages arbitrators to enhance the efficacy and efficiency of their decision making.
By entering into a Cooperation Agreement with Arbitrator Intelligence, arbitral institutions are supporting the promotion of transparency, accountability and diversity in international arbitration.
To discuss entering into a Cooperation Agreement with Arbitrator Intelligence, contact catherine.rogers@arbitratorIntelligence.com.
Law firms and both corporate and State parties can become Members of Arbitrator Intelligence. Members receive significant discounts on Reports in return for agreeing to complete and submit AIQs at the conclusion of each arbitration. Membership is free and is open to law firms, corporate users and State users. Learn more about Membership and apply here.
By increasing access to critical information about arbitrators and their decision-making, Arbitrator Intelligence aims to promote transparency, accountability, and diversity in arbitrator selection.
Diversity: The data collected through the AIQ and made available through Reports enables Arbitrator Intelligence to make the decision making of less-well-known arbitrators more broadly accessible and easily understood. The availability of such information, in turn, enables arbitration users to identify and appoint qualified arbitrators who are newer and more diverse.
Transparency: The AIQ enables arbitration users to submit detailed professional feedback that, when aggregated, provides a clearer and more comprehensive understanding of arbitrators’ track records than can be accomplished by reliance on ad hoc research or internal data alone.
Accountability: The potential for feedback and greater availability of information about arbitrators’ track records provides a positive and non-invasive incentive for arbitrators to adhere to the highest professional standards.
Arbitrator Intelligence sells Reports on individual arbitrators. It is not a subscription service.
The price of each Report is determined by a number of factors. The most important factors are the amount of information Arbitrator Intelligence has collected on the arbitrator who is the subject of the Report and whether the purchaser is a Member of Arbitrator Intelligence. Other factors that affect pricing are the size of the dispute, the number of Reports purchased, and the like.
Arbitrator Intelligence was originally a research project developed at Penn State University. It transitioned from research idea and non-profit into a legal tech startup with the assistance and support of Invent Penn State. Arbitrator Intelligence’s corporate headquarters are in Pennsylvania. Some of its early investors come from Pennsylvania, such as the Ben Franklin Technology Associates, and those investors are committed to local economic development in Pennsylvania. For these reasons, Arbitrator Intelligence has strong ties to Pennsylvania, even if its operations and reach are truly global.