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Arbitration vs Litigation the data and statistics

According to the the PwC and Queen Mary University of London 2013 International Arbitration Survey 47 per cent of the respondents’ referred their disputes to arbitration, 47 per cent to litigation and 13 per cent to expert determination. [1] Whereas the financial services sector preferred litigation due to the need for binding precedents in order to add clarity to the construction in financial documents in the future the construction sector preferred arbitrations because of high level of technicality of the disputes. When asked which factors determine whether or not to initiate arbitration proceedings, respondents answered that the most influential factors are the strength of the corporation’s legal position and arguments, followed by the strength of evidence and the value of recoverable damages. Less important were the likely legal costs, which ranked as the second least significant factor.

Thus when it comes to the international trade and investment there is no dominate method of resolving disputes and everything depends of particular circumstances of every given situation. [2]


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[1]PwC and Queen Mary University of London, 2013 International Arbitration Survey, p 7.

[2] Ibid.

 

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