SMU SIDRA Survey Report 2020

CONTENTS Foreword vi Executive Summary vii Section 1 Introduction 1 Section 2 Approach and Design 2 Section 3 Respondent Profile 3 Section 4 How Choices are Made about Arbitration, Mediation, Litigation and Hybrid Mechanisms 5 At a Glance: 5 4.1 Factors Influencing Choice of Dispute Resolution Mechanism 5 Exhibit 4.1.1 Choice of Dispute Resolution Mechanism 5 Exhibit 4.1.2 Choice of Dispute Resolution Mechanism by Respondent User Profile 6 Exhibit 4.1.3 Factors Influencing Choice of Dispute Resolution Mechanism 7 Exhibit 4.1.4 Factors Influencing Choice of Dispute Resolution Mechanism by Respondent User Profile 8 4.2 Comparing User Perspectives of Factor Importance and User Satisfaction 9 Exhibit 4.2.1 Comparing User Perspectives of Factor Importance 9 Exhibit 4.2.2 Comparing User Satisfaction 10 Exhibit 4.2.3 Comparing User Perspectives of Cost 11 4.3 Factor Importance vs Satisfaction in Choice of Arbitration, Litigation and Mediation 12 Exhibit 4.3.1 Factor Importance vs Satisfaction with Choice of Arbitration 12 Exhibit 4.3.2 Factor Importance vs Satisfaction with Choice of Mediation 13 Exhibit 4.3.3 Factor Importance vs Satisfaction with Choice of Litigation 14 Section 5 Investor-State Dispute Resolution 16 At a Glance: 16 5.1 Choice of Dispute Resolution Mechanism in Investor-State Disputes 16 Exhibit 5.1.1 Choice of Dispute Resolution Mechanism 16 Exhibit 5.1.2 Choice of Dispute Resolution Mechanism by Respondent User Profile 17 Exhibit 5.1.3 Choice of Dispute Resolution Mechanism by Legal Users under Different Legal Systems 18 5.2 Factors Influencing Choice of Dispute Resolution Mechanism in Investor-State Disputes 20 Exhibit 5.2.1 Factors Influencing Choice of Dispute Resolution Mechanism 20 Exhibit 5.2.2 Factors Influencing Choice of Dispute Resolution Mechanism by Respondent User Profile 22 5.3 Improving the Dispute Resolution Process for Investor-State Disputes 23 Exhibit 5.3.1 Improving the Dispute Resolution Process 23 Exhibit 5.3.2 Improving the Dispute Resolution Process by Respondent User Profile 25 Section 6 International Commercial Arbitration 27 At a Glance: 27 6.1 Choice of Arbitration and Respondent User Satisfaction 27 Exhibit 6.1.1 Factors Influencing Choice of Arbitration 27 Exhibit 6.1.2 Satisfaction with Arbitration Experience According to Factor 28 Exhibit 6.1.3 Satisfaction with Arbitration Experience by Respondent User Profile 29 Exhibit 6.1.4 User Perspective on Costs in Arbitration 30 SIDRA INTERNATIONAL DISPUTE RESOLUTION SURVEY iii