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2010 International Arbitration Survey: Choices in International Arbitration sponsored by White & Case LLP launches in Vancouver

October 2010
DOWNLOAD PDF: 2010 International Arbitration Survey: Choices in International Arbitration

Survey Summary
The 2010 International Arbitration Survey: Choices in International Arbitration is one of the largest empirical studies undertaken of corporate attitudes and practices regarding international arbitration.

The survey is the third in a series of high profile surveys conducted by the School of International Arbitration at Queen Mary, University of London. White & Case is delighted to be the first law firm to sponsor this survey which this year focuses on the factors that influence corporate choices about the main aspects of international arbitration.

Methodology
The research for this study was conducted from January to August 2010 by Ms. Penny Martin BA, LLB (Hons), LLM (Dist), White & Case Research Fellow in International Arbitration, Barrister and Solicitor of the Supreme Court of Victoria and the Federal and High Courts of Australia, together with Professor Dr. Loukas Mistelis, LLB (Hons, Athens), MLE (Magna cum Laude), Dr. Iuris (summa cum laude) (Hanover), MCIArb, Advocate, Clive Schmitthoff Professor of Transnational Commercial Law and Arbitration; Director, School of International Arbitration, Centre for Commercial Law Studies, Queen Mary, University of London. They were assisted by Dr. Stavros Brekoulakis, LLB (Athens), LLM (London), Senior Lecturer in International Dispute Resolution, School of International Arbitration, Centre for Commercial Law Studies, Queen Mary, University of London.

An external focus group comprised of senior corporate counsel, external counsel and academics provided comments on the draft questionnaire. The research was conducted in two phases: the first quantitative and the second qualititative.

Phase 1: an online questionnaire comprising 78 questions completed by 136 respondents from February to August 2010. Respondents were general counsel, heads of legal departments, specialist legal counsel and regional legal counsel. The questionnaire responses were analysed to produce the statistical data presented in this report. Information taken solely from this group is referred to as from 'questionnaire respondents' or 'respondents' throughout this report.

Phase 2: 67 face-to-face or telephone interviews with corporate counsel from May to August 2010. Interviews were based on a set of guideline questions and ranged from 15 minutes for phone interviews to 90 minutes for interviews in person. Interviews were conducted in London, Paris, Mumbai, Florence, Milan, Istanbul, Tokyo, Beijing, Houston, New York, Washington, DC, Rio de Janeiro, Sao Paulo, Dubai, Frankfurt, Moscow, Warsaw and other locations. A significant number of interviewees completed the questionnaire prior to, or during, the interview. The qualitative information gathered during the interviews was used to supplement the quantitative questionnaire data, contextualise the findings and cast further light on particular issues raised by the survey. Information taken solely from this group is referred to as from 'interviewees' or 'interviews' throughout this report.

The following charts illustrate the composition of respondents and, where applicable, interviewees by: position, company turnover, industry sector and geographic location. The final chart indicates the proportion of respondents/interviewees based in emerging markets.

7—The emerging markets in the sample were Argentina, Brazil, Chile, Czech Republic, Egypt, Hungary, India, Indonesia, Mexico, People's Republic of China, Poland, Romania, Russian Federation, South Africa, Turkey and United Arab Emirates. These countries appear in at least one of the lists of emerging markets published by the FTSE Group, MSCI Barra and Dow Jones.

    
For the 2010 survey we sought to expand the range of corporations that had participated in previous years and also expand the survey into new geographical areas and emerging markets. We identified questionnaire and interview invitees from the lists previously used for the 2006 and 2008 surveys (as updated), supplementing them with further contacts obtained through internet research based on a list drawn from the Forbes Global 2000 and other regional company rankings.

We sought as much as possible to have a balanced invitee sample across varying regions, industries and company sizes. We sent out questionnaire and/or interview requests by mail and where possible by email. Follow up emails were sent seeking further responses. Information about the questionnaire was distributed through a number of channels including, corporate counsel member organisations, several trade journals (such as Global Arbitration Review) and websites, such as the Chartered Institute of Arbitrators (CIArb).

To encourage further responses from harder to reach regions (such as Africa, South America, Middle East, Eastern Europe and Central Asia), we conducted intensive multiple follow up telephone calls in mid-2010. We also carried out intensive follow up of companies in North America to seek further responses. Finally, we sought the names of appropriate contacts from questionnaire respondents and interviewees and approached those contacts.