Data Mining, Text Analytics, and Investor-State Arbitration

Forthcoming in: Pietro Ortolani et al. (eds.): International Arbitration and Technology, Wolters Kluwer

Ottawa Faculty of Law Working Paper No. 2021-17

17 Pages Posted: 1 Jun 2021 Last revised: 15 Sep 2021

Date Written: May 31, 2021

Abstract

“Reading” is the primary technology investment arbitration practitioners use to engage with party submissions, prior awards, investment treaties and all other written materials relevant to the arbitration. Yet, an alternative and complementary approach to parse investor-state arbitration (ISA) texts is rapidly emerging. In what is variably known as “text mining”, “text analytics”, or “computational analysis”, algorithms rather than humans are beginning to digest written materials to extract relevant insights. What this algorithmic approach lacks in nuance (computers are bad at understanding text), it makes up for in efficiency (computers excel at crunching numbers). This chapter targeted at arbitration professionals introduces the methodologies underpinning text analytics, explains and evaluates their use cases in investment arbitration, and assesses their promises and limitations.

Keywords: technology, arbitration, investment law, data science for lawyers, data science, artificial intelligence, text mining, natural language processing, NLP, machine learning, investor-state arbitration, legal analytics, network analysis, predictive analytics, arbitrator analytics

JEL Classification: K33

Suggested Citation

Alschner, Wolfgang and Charlotin, Damien, Data Mining, Text Analytics, and Investor-State Arbitration (May 31, 2021). Forthcoming in: Pietro Ortolani et al. (eds.): International Arbitration and Technology, Wolters Kluwer, Ottawa Faculty of Law Working Paper No. 2021-17, Available at SSRN: https://ssrn.com/abstract=3857127 or http://dx.doi.org/10.2139/ssrn.3857127

Wolfgang Alschner (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Damien Charlotin

HEC ( email )

Paris
United Kingdom

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