Global survey found International Commercial Mediation to garner the highest satisfaction levels across dispute resolution mechanisms; Mediation and hybrid procedures are also[...]

SIDRA Survey 2024 Final Report broadened its reach to address diversity; and included sections on intellectual property disputes and technology disputes for the first time

By the SMU Corporate Communications team

28 Aug 2024

Singapore, 28 August 2024 (Wednesday) - The Singapore International Dispute Resolution Academy (SIDRA) at Singapore Management University (SMU) Yong Pung How School of Law (YPHSL) today launched the SIDRA International Dispute Resolution Survey (SIDRA Survey) 2024 Final Report. The SIDRA Survey is a global study on how users of dispute resolution mechanisms, including businesses and their legal representatives, make decisions about resolving cross-border disputes.

The launch took place at a closed-door event which was graced by Guest-of-Honour, Mr Murali Pillai SC, Minister of State, Ministry of Law and Ministry of Transport.

This is the third iteration of the SIDRA Survey, which kicked off in 2018. It comprises five key questionnaires on international commercial arbitration, international commercial mediation, international commercial litigation, mixed mode (hybrid) dispute resolution and investor-state dispute settlement. For the first time, the Survey has broadened its sections to include intellectual property disputes and technology disputes.

Between January and December 2023, the Survey was distributed internationally in all six official United Nations languages - Arabic, Chinese, English, French, Spanish and Russian - reaching a diverse selection of users. The survey features respondents from 26 countries. Respondents include in-house and external counsel who engage in cross-border commercial dispute resolution.

The 2024 Final Report presents some insightful findings on user satisfaction levels across various dispute resolution mechanisms, indicating a clear preference for mediation over arbitration and litigation. It found that users of International Commercial Mediation experienced the highest level of satisfaction in costs (75%) and speed (83%). In comparison, respondents were less satisfied with International Commercial Arbitration's costs (30%) and speed (42%), as were users of International Commercial Litigation (45% satisfied with costs, 36% satisfied with speed).

The Survey also examined the developments in investor-state dispute settlement, and found that a significant number of respondents considered the use of mediation and mixed mode (hybrid) procedures as a desirable development. The interest in hybrid procedures for investor-state disputes reflects a broader trend towards innovative, adaptable and flexible dispute resolution methods.

Justice Beverley McLachlin of the Singapore International Commercial Court, who penned the Foreword for the SIDRA Survey 2024 Report, wrote: "Everywhere, arbitration and mediation are providing alternative ways of settling cross-border commercial disputes efficiently and effectively. Protocols that provide for enforcement of judgments and awards anywhere in the world now assure that justice will not only be done in tribunals, but on the ground." She added, "The 2024 SIDRA Survey will assist commercial actors and their advisors in negotiating the increasingly complex world of modern international dispute resolution, and, more broadly, contribute to the literature on the subject deepening our understanding of how to ensure justice in the world of international commerce."

Nadja Alexander, Professor of Law at YPHSL and Director of SIDRA, said, "The world of international dispute resolution is at a turning point; arbitration, mediation or litigation, international dispute resolution systems are evolving at an unprecedented rate and with increased complexity. In this context, the SIDRA Survey is an invaluable and critical piece of evidence-based report. We are honoured to lead this study - the deep and diverse insights gathered will undoubtedly make a meaningful impact in fostering positive change in the field of international dispute resolution."

Professor Alexander explained that the Survey is unique in its approach, design and respondent profile. "Not only is it 100% user-centric and experience-based, it also focused on dispute resolution mechanisms for cross-border disputes only - as opposed to domestic ones. Furthermore, no single dispute resolution mechanism is examined in isolation - this is critical given the enhanced interconnectedness of dispute resolution developments, as illustrated by the emergence of hybrid dispute resolution mechanisms and international court referrals to other dispute resolution mechanisms. That the survey was distributed in multiple languages and involved respondents in 26 countries enabled us to glean diverse insights across geographies," she added.

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Enclosures:

• Please see Annex 1 for a summary of the key findings.
• The full report can be found here.