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Survey explores international dispute resolution user expectations and experience

The Singapore International Dispute Resolution Academy (SIDRA) has released its 2023 International Dispute Resolution Survey.

The third edition of the survey – the first was in 2019 – continues SIDRA’s research into the experience of client and legal stakeholders in international commercial disputes and dispute resolution.

It aims to explore “how businesses and their legal advisers make decisions about resolving cross-border disputes, and why”.1

Last year’s survey was answered by 139 respondents from 25 countries,2 and revealed the following highlights:

  • The majority of respondents identified preservation of business relationship, confidentiality and speed as the top three ‘important’ or ‘absolutely crucial’ factors for opting to use international commercial mediation to resolve disputes.3
  • A majority of respondents identified the following technologies in international commercial arbitration as either ‘extremely useful’ or ‘useful’: platforms for conducting virtual/online hearings (89%), cloud-based storage systems (73%) and e-discovery/due diligence (71%). By contrast, of respondents in the SIDRA Survey Final Report 2020 (prior to the pandemic), only 47% and 62% had the same views of online hearings and e-discovery/due diligence respectively.4

The international dispute resolution landscape continues to evolve with the Singapore Convention on Mediation coming into force in September 20205 and significant changes in the use of technology in dispute resolution, noting for example, the 2021 addition to the ICC Arbitration Rules to provide for virtual hearings.6

For the first time, the 2023 survey also includes sections on intellectual property and technology disputes.

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SIDRA is inviting practitioners with experience in international commercial disputes and dispute resolution to participate in the 2023 SIDRA Survey with survey topics listed below and each survey taking about 15 minutes to complete. Suitably experienced practitioners are encouraged to participate. The Survey results will be of great assistance in informing the evolution of international dispute resolution processes:

It is anticipated that the surveys will remain open until the end of the year but an early response from QLS members will be appreciated.

For more information about the SIDRA survey, including links to previous reports, visit the SIDRA website.

Footnotes
1 Singapore Management University, Singapore International Dispute Resolution Academy, International Dispute Resolution Survey – Program Description, International Dispute Resolution Survey – Program Description | SIDRA | Singapore International Dispute Resolution Academy (smu.edu.sg).
2 Singapore International Dispute Resolution Academy, SIDRA International Dispute Resolution Survey: 2022 Final report, available at <22_0068 SMU SIDRA Survey Report 2022_FA4(C).pdf> p2.
3 Ibid, p29.
4 Ibid, p26.
5 N Alexander & SY Chong, 12 September 2020, 12 September 2020: The Singapore Convention on Mediation comes into force, Kluwer Mediation Blog, 12 September 2020: The Singapore Convention On Mediation Comes Into Force – Kluwer Mediation Blog (kluwerarbitration.com). As at 10 January 2023, 55 countries have become signatories to the Singapore Convention, including Australia, although it is yet to be ratified into domestic law. See Singapore Convention on Mediation, Home | Singapore Convention on Mediation.
6 Article 26 of the 2021 ICC Arbitration Rules; Singapore International Dispute Resolution Academy, SIDRA International Dispute Resolution Survey: 2022 Final report, available at 22_0068 SMU SIDRA Survey Report 2022_FA4(C).pdf p27.

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