SMU SIDRA Survey Report 2020

Section 8 International Commercial Litigation • More than 80%of users consider factors such enforceability, clarity in rules, neutrality/impartiality as important or absolutely crucial in their choice of litigation as a dispute resolution mechanism. • Less than 50% of users indicated that they were very satisfied or somewhat satisfied with the speed and costs of litigation. • In their choice of international commercial courts, more than 80% of respondents indicated that efficiency is an important or absolutely crucial factor, but only 45% of respondents were very satisfied or somewhat satisfied with their experiences. International commercial courts have an opportunity to enhance efficiency to increase their attractiveness as a dispute resolution forum. 8.1 Choice of Litigation and Respondent User Satisfaction Exhibit 8.1.1 Factors Influencing Choice of Litigation All Users Enforceability Neutrality/Impartiality Clarity in rules and procedures Finality Cost 85% 85% 84% 82% 78% 72% Speed The chart refers to the respondents who indicated the considerations for selection were “Absolutely Crucial” and “Important” in their choice of Litigation as a Dispute Resolution Mechanism. 8.1.1 More than 80% of respondents indicated that enforceability (85%), clarity in rules and procedures (85%) and neutrality/ impartiality (84%) are ‘important’ or ‘absolutely crucial’ when deciding to take a dispute to litigation. More than 70% of respondents indicated that finality (82%), speed (78%) and cost (72%) are ‘absolutely crucial’ or ‘important’ in their choice of litigation as a dispute resolution mechanism. At a Glance: SIDRA INTERNATIONAL DISPUTE RESOLUTION SURVEY 61