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86 N.C. L. Rev. 1 (2007-2008)
Empirically Evaluating Claims about Investment Treaty Arbitration

handle is hein.journals/nclr86 and id is 13 raw text is: EMPIRICALLY EVALUATING CLAIMS ABOUT INVESTMENT TREATY ARBITRATION* SUSAN D. FRANCK** As a blossoming field of study, empirical legal scholarship can offer valuable insights on issues of international importance. The resolution of disputes from investment treaties is one such issue that affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. However, there is little empirical work that transparently explores this area. While suggesting there has been a litigation explosion, commentators make untested assertions about investment treaty disputes. As the first research article that explains its methodology and results, this Article is a modest attempt to evaluate claims about investment treaty arbitration. The Article explores: (1) who is involved in arbitration and what is arbitrated, (2) increases in awards, (3) win/loss rates, (4) amounts claimed and awarded, (5) arbitration costs, (6) use of other dispute resolution processes, and (7) nationality and gender of arbitrators. Subjecting these areas to empirical scrutiny provides information that sets the stage for future research to provide insights to government officials responsible for negotiating investment treaties and parties planning their dispute resolution strategies. Replication and convergence of such research offers an opportunity to * Copyright © 2007 by Susan D. Franck. ** Assistant Professor of Law, University of Nebraska Law College. The American Society of International Law selected the author to present this paper at the 101st Annual Meeting. The author wishes to thank Kirsten Carlson, Laura Cooper, Christopher Drahozal, John Gotanda, Chris Guthrie, Michael Heise, Daniel Klerman, John Lande, Leandra Lederman, David S. Law, Colleen Medill, Richard Moberly, W. Michael Reisman, Jennifer Robbennolt, Andrea Schneider, Bob Schopp, Anna Shavers, D. Daniel Sokol, Nancy Staudt, Steve Willborn, Jason Yackee, and David Zaring for their comments. The author also recognizes the suggestions she received during workshops at the George Washington University School of Law, the Kansas University School of Law, the University of Georgia School of Law, the University of Illinois College of Law, the University of Wisconsin's Global Legal Studies Center, the Washington & Lee University School of Law, and Yale Law School's Junior International Law Scholars Roundtable. The author wishes to thank Mindy Anderson-Knott, Vicki L. Piano Clark, Walter Stroup, Julia McQuillan, and Lindsay Burford, Jamie Marincic, Leanne Hicks of the Survey, Statistics, and Psychometrics Core Facility at the University of Nebraska-Lincoln for their invaluable assistance with methodology design and data analysis. The author acknowledges the contributions of her research assistants, Jenna Perkins, who helped create tables, and Melanie Neely, who was steadfastly meticulous in her approach to gathering, coding, and discussing data. A McCollum Research Grant provided support for the research and writing of this Article.

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