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PHASE I of the AIQ:

AIQ Phase 2AIQ Frequently Asked Questions

PHASE I of the AIQPresentation Version

We want your feedback!

Below is a demonstration version of Phase I of the new draft Arbitrator Intelligence Questionnaire, which is embedded with Genius software to allow you to annotate the AIQ text with your comments and suggestions.

To annotate, simply highlight specific text and click on the “Annotate” bubble that will appear above the highlighted text, or if text is already yellow-highlighted, click on the highlighted text to add your annotations to existing comments.  We will assume all comments are made in your individual capacity, not on behalf of any company or law firm, unless you specifically indicate otherwise.

You may also send comments directly to:  catherine.rogers@arbitratorintelligence.org.

This AIQ text will be posted for public comment until 17 March 2017. After that date, we will work to incorporate your feedback and finalize the AIQ in preparation for its formal launch this summer.


 

Welcome! 
to the
Arbitrator Intelligence Questionnaire
Arbitrator Intelligence (AI) aims to promote fairness, transparency, and accountability in the arbitrator selection process, and to facilitate increased diversity in arbitrator appointments. This Arbitrator Intelligence Questionnaire (AIQ) is our primary means to that end. 
Through the AIQ, we are systematically collecting information about arbitrators and their case management history so that parties and counsel can be better informed when selecting arbitrators. 
By completing the AIQ, you will help us achieve these goals!
For more information about Arbitrator Intelligence, please visit our website at www.arbitratorintelligence.org
Arbitrator Intelligence, Inc.
Copyright © 2016-2017 Pennsylvania State University

 

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Arbitrator Intelligence Questionnaire:  Phase I*
The questions that follow constitute Phase I of the Arbitrator Intelligence Questionnaire (AIQ). They seek certain essential factual information about the case, such as key dates, which should be readily identifiable from the arbitral award or case file. Phase I questions should take less than 15 minutes to complete.
You may save and resume your AIQ at any point.  
We will use your responses in Phase I to prefill key information in Phase II of the AIQ. This information will facilitate easy completion of Phase II either by you or by another member of your legal team.
*   *   *
Thank you for taking part in Phase I of the AIQ! 
* None of the questions in the AIQ request confidential information, such as the identity of the parties.  Your identity as the responder will be maintained as confidential, except and unless you contribute an award and request that you be acknowledged as the contributor.

 


 

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BACKGROUND OF RESPONDER

With which party to the arbitration are you affiliated?

Claimant
Respondent
Intervenor
Other (please specify):

What is your affiliation with that party?

Principal or manager
In-house counsel
Government attorney
Outside or external counsel
Other (please specify):

How many attorneys comprised the core legal team working on your side of this case?

1-3 attorneys
4-6 attorneys
7-10 attorneys
More than 10 attorneys

How many international arbitration cases would you estimate the most senior member of the legal team on your side of the case has participated in?

Please indicate the main jurisdictions where most attorneys working on your side of the case are physically located:

City              Country       

City             Country       

City             Country       

 

BACKGROUND OF THE DISPUTE

Please indicate the nature of the dispute:

Investment
Commercial
Maritime
Sports
Reinsurance
Public international law/State-to-State
Other

Please indicate the industry or economic sector out of which the dispute arose:

Oil and gas
Energy (other than oil & gas)
Construction
Mining
Manufacturing
Trade in goods
Merger or corporate transactions
Information services
Insurance
Finance
Telecommunications
Shipping and transportation
Real estate
Sports
Other (please specify):

Was the arbitration ad hoc (please indicate) or administered (please identify the institution)?:

Please indicate the legal seat (sometimes called the “place of arbitration ” or where the award was “made“).  Do not indicate the physical location of hearings, if different from the legal seat.

City               Country       

 

CONSTITUTION OF THE TRIBUNAL

How many arbitrators were on the tribunal?

1
2
3
Other (please indicate and you will be provided with a separate AIQ)

Q21 Please provide the full name (including any middle initial) of the presiding arbitrator:

Presiding arbitrator Appointed by:
Name Party agreement Co-arbitrators Arbitral institution or appointing authority National court
Presiding arbitrator

Please provide the full names (including middle initials) of the co-arbitrators:

Co-arbitrators Appointed by:
Name Claimant Respondent Arbitral institution or appointing authority National court
Claimant’s Co-arbitrator
Respondent’s Co-arbitrator

 

THE ARBITRAL PROCEEDINGS

Please indicate the date of filing of the Request for Arbitration or Notice of Arbitration:

Please indicate the total amount of any specified monetary relief sought by the Respondent (do not add together amounts sought for alternative claims or alternative theories):

 Please indicate the currency in which the request for monetary relief was quantified:

If “other,” please indicate the currency:

Did the Respondent assert any counterclaims seeking affirmative relief (as opposed to asserting defenses to claims)?

Yes
No

Please indicate the total amount of any specified monetary relief sought by the Respondent (do not add together amounts sought for alternative claims or alternative theories):

How was the case resolved?

Final award
Settlement
Other (please specify):

Please indicate the date when the proceedings were closed (final date of last hearing or date of last post-hearing submissions, whichever is later):

Please indicate the date the award was signed by the tribunal

If any separate or dissenting opinion was rendered, please indicate which arbitrator(s) authored the opinion(s) (please check all that apply):

Arbitrator A
Arbitrator B
Arbitrator C

 

RELIEF GRANTED

Please indicate specific monetary amounts awarded (if any):

Amount awarded on claims:
Costs and fees awarded to Claimant:
Amount awarded on counterclaims:
Costs and fees awarded to Counterclaimant:

Please specify nonmonetary relief granted (if any):

 

INTEREST RATES

Was interest awarded?

Yes
No

Please indicate the rate of interest awarded:

What was the basis for the award of interest?

Inter-bank rate
Risk free rate
Cost of debt
Bank deposit rate
Cost of capital
Statutorily imposed rate
Uncertain or not specified
Other (please specify):

Interest awarded was:

Simple
Compound
Uncertain or not specified

What was the frequency of compounding?

Daily
Monthly
Quarterly
Annually
Uncertain or not specified
Other (please specify):

 

ALLOCATION OF COSTS & FEES

Which of the following describes the award of arbitration costs (excluding attorneys’ fees):

The tribunal awarded all costs to the Claimant
The tribunal awarded all costs to the Respondent/Counterclaimant
The tribunal allocated costs evenly between the Claimant and Respondent
The tribunal allocated costs based on an assessment of the relative merit of each parties’ arguments (if indicated)
The tribunal allocated costs to take account of other considerations, such as alleged misconduct during the proceedings (if indicated)
Other (please specify):

Which of the following describes the award of attorneys’ fees:

The tribunal ordered Respondent to pay the Claimant’s attorneys’ fees
The tribunal ordered the Claimant to pay the Respondent’s attorneys’ fees
The tribunal left each party to bear their own attorneys’ fees
The tribunal allocated payment of attorneys’ fees based on an assessment of the relative merit of each parties’ arguments (if indicated)
The tribunal allocated attorneys’ fees to take account of other considerations, such as alleged misconduct during the proceedings (if indicated)
Other (please specify):

Are there any special circumstances in this case that affect your answers to the questions above? If so, please explain:

THE AWARD

If it is not subject to any confidentiality obligations (imposed by party agreement or applicable law), please provide a copy of the award (redacted or unredacted):*
* By uploading an award, you are certifying that the attached document is authentic and its submission does not knowingly violate any applicable law.

Would you like us to indicate your name as the contributor of the award?*
* If you answer in the affirmative, your name will be indicated as the contributor of the award, but your identity will remain confidential with respect to your response to this AIQ.

Yes (please indicate how you would like your name to appear):
No

If you do not have a copy of the award, but know where AI might obtain a copy, please indicate below:

 

You have reached the end of Phase I of the AIQ.
 Before you submit your responses, please help us identify an attorney on your side of the case who can provide responses to Phase II. Ideally, this person would be an attorney who is both familiar with the case and has significant international arbitration experience.
To propose a responder for Phase II, please select one of the options below (feel free to suggest multiple possible responders).

 

I will personally respond to Phase II
(Phase II of the AIQ will be sent automatically to the email address provided at your registration)
I recommend the following attorney to respond to Phase II
(please enter name and valid email address):
I also recommend the following attorney to respond to Phase II
(please enter name and valid email address):
I also recommend the following attorney to respond to Phase II
(please enter name and valid email address):
Please provide me with a link to Phase II, and I will forward it to attorneys who may be willing to complete it
(link will be sent automatically to the email address provided at your registration).

 

Thank you for your participation!
Please be sure to submit your AIQ by clicking below. Please note that after submission, you will not be able to go back and alter any of your responses.