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Table of contents
  1. Key Findings
  2. Interview with Lynette Chew
  3. Pandemic and pragmatism
  4. Tracking tension
  5. Pre-empting conflict
  6. Interview with Kaan Aksu
  7. Making improvements
  8. Interview with Roger Harwood
  9. Preferred dispute resolution methods
  10. Interview with William Zhang
  11. Conclusion

Preferred dispute resolution methods

When it becomes clear that an early-stage resolution of a dispute is no longer feasible and cases need to be addressed through formal channels, a sizeable majority of our survey respondents single out arbitration as the most appropriate form of dispute resolution. While our research shows that mediation can also be effective when parties want to reach a ‘commercial’ or pragmatic solution, arbitration remains the most effective method when undertaking more formal proceedings. 

Although arbitration has suffered from a perception that it is a long and expensive process, the main arbitration institutions have worked hard in recent years to make it more attractive to end users. These institutions are becoming more innovative, offering expedited proceedings, the availability of emergency arbitrators, and the ability to secure arbitral awards even faster. Market data supports this, with The Singapore International Arbitration Centre (SIAC) reporting a record 1,080 new case filings in 2020, more than double the figure for 2019.

Adrian Bell, Co-head of the Infrastructure, Construction and Energy (ICE) Disputes Group, believes that it is not just SIAC that is making arbitration even more appealing:

Many of the key institutions have come up with expedited arbitration processes, a shorter form process that enables the parties to have a decision or award much quicker, at the expense of either streamlining or removing completely some of the traditional steps you would have in arbitration like witness statements, document production and other aspects. It is much easier to tailor the process to your needs.
Adrian Bell, co-head of the Infrastructure, Construction and Energy (ICE) Disputes Group at CMS

Key contact

Adrian Bell
Adrian Bell
Partner
Co-head of the Infrastructure, Construction and Energy Disputes Group | Joint Managing Director for Asia and the Middle East
London
T +44 20 7367 3558
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