SMU SIDRA Survey Report 2020

49% 27% 26% 19% International Commercial Arbitration International Commercial Litigation International Commercial Mediation Others (neutral evaluation, adjudication) Hybrid Dispute Resolution Section 4 How Choices are Made about Arbitration, Mediation, Litigation and Hybrid Mechanisms 4.1 Factors Influencing Choice of Dispute Resolution Mechanism At a Glance: • International commercial arbitration remained the dispute resolution mechanism of choice among respondent users. • International commercial arbitration was more popular among Legal Users than Client Users. • Respondents ranked enforceability, neutrality/impartiality and cost as the top three most important factors in their choice of a dispute resolution mechanism. • Legal Users ranked enforceability as the most important consideration, whereas Client Users ranked neutrality/ impartiality as the most important factor in their choice of a dispute resolution mechanism. • Comparing user satisfaction, a larger proportion of mediation users were satisfied with speed and cost, as compared to arbitration and litigation users. Exhibit 4.1.1 Choice of Dispute Resolution Mechanism The chart refers to the respondents’ choice of dispute resolution mechanism. 4.1.1 International commercial arbitration remained the dispute resolution mechanism of choice selected by a large majority of respondents, and was used by 74% of the respondents between 2016 and 2018. This was followed by international commercial litigation (49%), hybrid mechanisms involving arbitration and mediation (27%) and international commercial mediation (26%). All Users Note: This question allows for multiple responses. The sum of the percentages may exceed 100% 74% SIDRA INTERNATIONAL DISPUTE RESOLUTION SURVEY 5