The Use of Statistical Samples in Commercial Disputes

A Tool for Assessing Ever Larger Sets of Data and Documents, in a Precise, Pragmatic and Proportionate Way

This article from Global Arbitration Review was first published November 11th, 2022. The entire article is available at https://globalarbitrationreview.com/review/the-european-arbitration-review/2023/article/the-use-of-statistical-samples-in-commercial-disputes

Legal practitioners involved in the dispute resolution process are increasingly confronted with ever larger sets of data and documents. In this article, our economics and statistics experts Dr Meloria Meschi and Ravi Kanabar discuss how statistical sampling – which is a well-established, intuitive and versatile tool from the field of statistics – can be used to deal with the challenge of making sense of this volume of material, in a precise, pragmatic and proportionate way, to meet the demands of the arbitration and litigation process.

First, they explain what legal practitioners need to know about sampling, and how they can use samples to their full potential whilst avoiding the common pitfalls. Second, they bring this to bear with real-life examples drawn from recent public judgements, and their own experience in providing expert advice and testimony on matters (including confidential arbitrations) involving sample design and analysis across a range of industries, contexts and dispute forums – in the UK, Europe and other jurisdictions.

The lessons highlighted in this article are relevant to assessing liability and damages in a wide range of matters – from construction disputes, to breach of warranty claims, to patent litigation.

Reproduced with permission from Law Business Research Ltd This article was first published in November 2022 © Law