SMU SIDRA Survey Report 2020

The charts refer to factors influencing respondents’ choice of Hybrid Dispute Resolution Mechanism compared to Arbritration. Note: This question allows for multiple responses. The sum of the percentages may exceed 100% Point of Interest A number of international arbitration institutions provide a special protocol or rules for parties who wish to settle their disputes through a combination of arbitration and mediation, for instance, the SIAC-SIMC Arb-Med-Arb Protocol. Arbitrators and mediators will be separately appointed and they will be different individuals unless parties agree otherwise. Parties first commence a case with SIAC, and the case is then transferred to SIMC for parties to undergo a period of mediation. If parties are not able to reach a negotiated settlement within 8 weeks, the parties then resume arbitration. If parties are able to reach a settlement in mediation, their mediated settlement can then be recorded as a consent award. In this way, the advantages of mediation and arbitration are combined. In 2018, the Ministry of Law of Singapore launched the Singapore Infrastructure Dispute-Management Protocol, to help commercial parties that are involved in big infrastructure projects resolve their differences in a timely and cost-efficient way. The protocol provides for the appointment of a dispute board from the start of the project to help parties proactively manage their differences. The SIMC and the SMC will provide professional and administrative support to dispute boards. 9.2 Factors Influencing Choice of Hybrid Dispute Resolution Mechanism Compared to Arbitration and Mediation 9.2.1 Hybrid dispute resolution mechanisms are useful alternative mechanisms in international dispute resolution, as hybrid mechanisms incorporate the advantages of both arbitration and mediation. The sections below explore factors influencing respondent users’ choice of a hybrid dispute resolution mechanism, as opposed to arbitration or mediation. All Users Efficiency Preservation of business relationship Cost Speed Enforceability Others 73% 47% 47% 40% 29% 5% Factors Influencing Choice of Hybrid Dispute Resolution Mechanism Compared to Arbitration Exhibit 9.2.1 9.2.2 Respondent users who used a hybrid dispute resolution mechanism (instead of arbitration) noted several influencing factors in their choice. From the chart, the most important factor by far is preservation of business relationships (73%). This demonstrates the strong advantages of using hybrid mechanisms, which allows parties to continue their business relationships because of the incorporation of a more conciliatory approach. SIDRA INTERNATIONAL DISPUTE RESOLUTION SURVEY 73