SMU SIDRA Survey Report 2020

How Choices are Made about Arbitration, Mediation, Litigation and Hybrid Mechanisms • 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. Investor-State Dispute Resolution • Almost half of the users who responded to our survey indicated they had been involved in investor-state or multi-lateral investment disputes between 2016 and 2018. • International arbitration was the dispute settlement mechanism of choice with a majority of users opting for institutional or ad hoc arbitration to resolve investor-state disputes. • Users selected enforceability, political sensitivity and impartiality as the top three factors influencing their choice of dispute resolution mechanism in investor-state disputes. • Despite the dominance of arbitration in this field, users indicated an openness to selecting other dispute settlement mechanisms in investor-state matters such as litigation and mediation. • Users’ responses suggest the need for reform in this field. Executive Summary The International Dispute Resolution Survey: 2020 Final Report presents the findings of the Singapore International Dispute Resolution Academy’s inaugural examination into the preferences, experiences, practices and perspectives of international dispute resolution users around the globe. The survey examined three major international dispute resolution mechanisms: international commercial arbitration, international commercial mediation, international commercial litigation, as well as hybrid dispute resolution mechanisms such as mediation-arbitration and arbitration-mediation. The survey also inquired into the use of technology in international dispute resolution, such as predictive analytical tools and negotiation support systems, and asked the users to express whether they were satisfied with the use of technology. The report summarizes findings from each mechanism in turn and explores the key trends drawn from the data, identifying currents of change that impact international dispute resolution. Key findings of the report are set out as follows: SIDRA INTERNATIONAL DISPUTE RESOLUTION SURVEY vii