RE: IT HAS TAKEN SOMETHING VERY INTERESTING10 Aug 2024 15:25
We are using arbitration from UNCITRAL rules ( in latest presentation).
I had to use chat gpt as statistics are less available. Seems like. 30pct from claimant, 40pct state and 30 pct early settle. As early settlement is also a win for us even using average it is 60% for us!. How this is priced ar 2pct probability god knows!
Investor-State Dispute Settlement (ISDS):
• Win Rates: Investor-state arbitrations, often conducted under UNCITRAL rules, have more publicly available data due to the involvement of states and the public interest in these cases. According to a 2021 UNCTAD (United Nations Conference on Trade and Development) report:
• Investor Wins: About 30% of cases result in a decision in favor of the investor, where the tribunal orders the state to pay compensation.
• State Wins: Around 40% of cases are resolved in favor of the state, either by dismissing the investor's claims entirely or ruling that the state did not violate its obligations.
• Settlement: Approximately 30% of cases are settled before a final award, often with confidential terms. Settlement can be considered a win for both parties depending on the outcome.