LKK in the news

In an article discussing the results of a study of more than 660 arbitral decisions rendered in almost 330 investment treaty arbitrations between 1990 and 2015, relying on quantitative measures and using statistical techniques, authors Rishab Gupta and Katrina Limond explain their analysis and key finding that Gabrielle Kaufmann-Kohler is “the most influential arbitrator in the field of investment arbitration”.

The study used two objective data as proxies for measuring “arbitrator influence”: the number of citations to decisions issued by an arbitrator and the number of appointments of an arbitrator. Adjustments were made to exclude “self-citations” in awards and to take into account the type of appointments (by investors, by states or neutral). A mathematical index capturing these metrics was then calculated in line with statistical methods. The index produces a ranking of arbitrators which highlights those who “regularly produce highly influential decisions” (as opposed to just a few highly cited decisions) and who are also “influential across the board” (as opposed to having “pockets of extreme influence”).

The article by Gupta and Limond, entitled “Who is the most influential arbitrator in the world?” was published in the Global Arbitration Review (www.globalarbitrationreview.com) on 14 January 2016.