Data from the American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR) dispels this notion.
For 2,547 commercial arbitration cases administered by AAA-ICDR in 2017, the following occurred:
1. For 31% of the cases (802 out of 2,547), the claimants received LESS THAN 20% of their claimed amounts.
2. For 49% of the cases (1,253 out of 2,547), the claimants received GREATER THAN 80% of their claimed amounts.
3. For only 6% of the cases (141 out of 2,547), the claimants received an award BETWEEN 41-60% of their claimed amounts.
4. In summary, data demonstrates that the vast majority of commercial arbitration cases are not decided by "splitting the baby."
Although the myth persists that arbitrators frequently split the difference, the most recent research corroborates the results of five previous studies to the contrary, which were conducted by the AAAICDR over the past 18 years. Collectively, these numbers are quantifiable and sustained evidence – over nearly two decades – that can be used to refute objections to using arbitration based on an unfounded fear of split awards.