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Efficient Alternative Dispute Resolution Strategy

The COVID-19 crisis has resulted in a considerable increase in the number and type of cross-border commercial disputes as many businesses faltered and were unable to perform contractual obligations.

With a focus on continuity and minimising losses, organisations prefer a dispute resolution strategy that is not only efficient but also cost-effective and aligned to the commercial interests of the parties to the dispute.

Deeper insights on International Dispute Resolution

We assisted the Singapore International Dispute Resolution Academy (SIDRA) in conducting the International Dispute Resolution Survey 2020 (SIDRA Survey), which was published in July 2020.

Our series explores the currently emerging trends and possible future developments in the Dispute Resolution scene based on insights drawn from the SIDRA Survey, so as to help you make strategic decisions.

Alternative Dispute Resolution mechanisms

Alternative Dispute Resolution mechanisms, such as Arbitration and Mediation, particularly in the context of international disputes, have been on the rise as organisations envisage resolving disputes quickly and amicably, instead of engaging in long-drawn legal actions. While arbitration remains the most preferred mechanism for cross-border disputes, mediation is gaining popularity.

Arbitration: The popular choice

Arbitration is popular and the attributes of arbitration which dispute resolution users deemed satisfactory are as follows:

74%

of users survey used arbitration

Trending in International Dispute Resolution Arbitration Chart

Mediation: The rising star

Although mediation is a less popular choice than arbitration, it is gaining popularity due to increased satisfaction in:

26%

of users survey used mediation

Trending in International Dispute Resolution Mediation Chart

Formulating an effective alternative dispute resolution strategy

Organisation need to holistically weigh their specific requirements, the pros and cons of each dispute resolution mechanism and the severity of a potential dispute. The cost, speed, enforceability, finality and impartiality/neutrality differ across all dispute mechanisms and should be considered carefully.

Overview of the five steps that organisations can take in formulating an effective alternative dispute resolution strategy:

  • Assess the risks

  • Select suitable mechanisms

  • Modify and tailor clause

  • Review contract

  • Monitor and identify triggers

Contact us

Michael Peer

Michael Peer

Disputes Advisory Leader, South East Asia Consulting, PwC Singapore

Tel: +65 9663 9089

Christine Soon

Christine Soon

Senior Manager, PwC Singapore

Tel: +65 9620 7135

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