Camkite, Numpty26 Nov 2015 01:44
Cheers..sorry didn't get back earlier
Numpty - this 70% Calunius thing...I don't think you can take it as set in stone and somehow an absolute.
You could argue that EVERY company that goes into international arbitration thinks it has a 50+ , 60, 70, 80, 90% chance of winning, surely? It must do, by definition.?
Look at it the other way round:
Would you go through 5+ years of international arbitration, with all the attendant costs, time wastage and stress, if you didn't think you were going to win. Of course everyone thinks they have a strong enough case to win - but many lose.
Sure, Calunius believed we had a strong enough case - but then White and Case will have thrown up unknowns that Calunius probably had no idea about ..
All I'm saying is that court cases are fluid, they morph with time with new evidence/witness statements...70% confidence yesterday may not not mean 70% confidence today (it might now be 40% 55%, 60%, 70% , 80%?...and how are these figures translated into reality? It's not an exact science..
And, with new evidence that ALL cases throw up - are you saying that 70% confidence remains a static unbudgeable constant for 5 years?
What if their confidence was now 30%...or 40%...Would they quit?I doubt any company would quit...
How many companies have pulled out of International Arbitration even when evidence was going against them?
Camkite - yep, I agree that some of those 80% of "defeats" will be claimant victories (but below the 20% payout threshold), and many of the 40% unreported will also be claimant victories IMO
..I agree that some of the failed cases also fail at the jurisdiction stage, and we never seem to get a figure taking that into account.
Overall I have seen other stats where more claimants lose than win - but, yes, that includes Jurisdiction failures, which we've passed.
The article is pretty much by Tim Hart and there's some self aggrandizing in there (including his name mainly coming up on the list of being the best ! ) However, maybe he is the best!..
The article isn't complete for sure because of what it misses out, and Uncitral cases too (which I assume have a similar win/lose ratio)
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