SMU SIDRA Survey Report 2020

Section 1 Introduction The SIDRA International Dispute Resolution Survey Report contains the findings of a cross-border, international survey that examined why and how users make their choices in international dispute resolution. It begins with an overview of the approach and design of the survey questionnaire followed by the respondent profile according to user type, geographical region and legal system. The findings are structured into six substantive sections, namely 1) how choices are made about arbitration, mediation, litigation and hybrid mechanisms, 2) investor-state dispute resolution, 3) international commercial arbitration, 4) international commercial mediation, 5) international commercial litigation and finally, 6) hybrid dispute resolution mechanisms. There are five aspects of the SIDRA Survey that make it unique. First, it is 100% user-centric. All respondents are users and they are identified either as Client Users (corporate executives and in-house counsel) or Legal Users (lawyers and legal advisers) who engage in cross-border commercial dispute resolution. Views of neutrals, academics, institutional providers and other non-user stakeholders are not represented in this survey and so the data really speaks for the users. Second, the views are based on user experiences and not just preferences. Once respondents indicated that they had used a particular dispute resolution process, they were then asked to respond to a series of specific questions in relation to that mechanism. If they did not have experience with a particular process, the survey directed them to the next process category. Third, the survey focuses on dispute resolution mechanisms for cross-border disputes only, and not for domestic disputes. International dispute resolution involves different considerations compared to domestic settings and we did not want to confuse the two. Fourth, the survey has been distributed internationally in all six official UN languages: Arabic, Chinese, English, French, Spanish and Russian, with the help of our partners, PwC South East Asia Consulting. In this way we wanted to reach a more diverse selection of users compared to those who primarily work in English. Finally, we felt it was necessary to avoid examining any single dispute resolution mechanism in isolation. Dispute resolution developments are increasingly interconnected as the emergence of hybrid dispute resolution and (international) court referrals to mediation show. The Report features the inimitable jacaranda tree – hardy at its core yet ethereal with its stunning bursts of blossom which transform the sky and lay a carpet of soft lilac on the earth. According to an ancient Amazonian legend, Jacarandas symbolise wisdom, knowledge and ethics. And so, with these survey findings, we seek to share the insights of the hundreds of lawyers and corporate decision-makers who responded to our questionnaire. This is your collective wisdom. We thank you for your significant contribution in helping us better understand the international dispute resolution landscape and shape its future. SIDRA INTERNATIONAL DISPUTE RESOLUTION SURVEY 1