SMU SIDRA Survey Report 2020

4.3.9 In their choice of litigation, respondents rated ‘enforceability’, ‘clarity in rules and procedures’ and ‘neutrality/impartiality’ as high in importance (rated above 80% in importance scores) and high in satisfaction (rated above 55% in satisfaction scores). Respondents indicated ‘enforceability’ (85%), ‘clarity in rules and procedures’ (85%) and ‘neutrality/impartiality’ (84%) as high in importance, and also high in satisfaction (56%, 61% and 59% respectively). 4.3.10 At the same time, there exists a discrepancy in the percentage amounts between respondents’ importance scores and satisfaction scores. Like arbitration, ‘speed’ (78%) and ‘cost’ (72%) were rated as low importance considerations, and respondents also reflected low satisfaction in these two factors (45% for speed and 48% for cost respectively). This shows that both users of litigation and arbitration are pragmatic in their expectations in respect of ‘speed’ and ‘cost’. Nevertheless, improvements can and should be made towards increasing user satisfaction. 4.3.11 Further, while 85% of users ranked enforceability as an ‘absolutely crucial’ or ‘important’ factor, respondents’ satisfaction score for enforceability (56%) is just above the average satisfaction score, indicating borderline satisfaction. In addition, while 82% of users ranked finality as an ‘absolutely crucial’ or ‘important’ factor, respondents’ satisfaction scores were average (54%). The findings reveal that users’ expectations and experiences are not entirely aligned and further reform has to be undertaken to increase users’ satisfaction with the enforceability and finality of litigation as a dispute resolution mechanism. In this regard, the establishment of international commercial courts, such as the Singapore International Commercial Court (‘ SICC ’), will be a welcome development and we may see satisfaction among users increase in the future as more parties avail themselves of forums like the SICC. SIDRA INTERNATIONAL DISPUTE RESOLUTION SURVEY 15