Copy of Counsel - International Arbitration Questionnaire

1. Background

The purpose of this questionnaire is to learn about the international arbitration landscape and challenges from the perspective of the legal profession who are either Commonwealth citizens or work in the Commonwealth.

The questionnaire will take approximately 10-15 minutes to complete.

Information provided is confidential, presented in aggregated form, and accessed only by the researchers and employees of the Commonwealth Secretariat.

Information provided in response to the questionnaire will be destroyed once the study has been completed but at the latest on 30 June 2021.

If you have any questions about the project please contact petra.butler@vuw.ac.nz.

A copy of the final publication of the research findings will be available free of charge on the Commonwealth Secretariat website.

The survey closes on 30 April 2019.

Thank you for taking the time to participate in this Commonwealth Secretariat study.

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* 1. Are you a citizen of a Commonwealth country or countries?

Yes

If Yes, please list Commonwealth country or countries of citizenship :

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* 2. Is your main place of work in a Commonwealth country or countries?

Yes

If Yes, please list Commonwealth countries of work:

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* 3. Is your main place of work a non-Commonwealth country or countries?

Yes

If Yes, please list non-Commonwealth country or countries of work:

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* 4. Are your clients predominantly from Commonwealth countries?

Yes

If Yes, please list Commonwealth country or countries:

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* 5. You are:

Female

Male

Other

Prefer not to say

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* 6. What is your age, in years?

18-24

25-34

35-44

45-54

55-64

65-74

75+

Prefer not to say

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* 7. You are a:

Practising solicitor (Partner level)

Practising solicitor (Associate/counsel level)

Practising barrister (QC or equivalent)

Practising barrister (Junior)

Practising lawyer in fused profession jurisdiction

In-house counsel

Other (please specify):

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* 8. You work:

As a sole practitioner

In an organisation with less than 20 lawyers

In an organisation with more than 20 lawyers

In an organisation with more than 50 lawyers

In an organisation with more than 100 lawyers

Other (please specify):

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* 9. Your post qualification experience is:

< 3 years

3-10 years

> 10 years

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* 10. Your practice area is (indicate as many as applicable):

Administrative law

Aviation law

Commercial law

Competition law

Construction and engineering

Criminal law

Domestic dispute resolution

Education

Energy, environment, natural resources law

Family law

Financial services

Foreign investment

Human rights

Insurance, annuities, retirement

Intellectual property and technology

International dispute resolution

International trade and investment law

Life sciences

Media and entertainment

Mergers and acquisitions

Other (please specify):

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* 11. Your clients include the following categories (indicate as many as applicable):

*Please refer to your domestic definition of an SME

Individuals

Domestic small and medium-sized enterprises (SMEs)*

Domestic larger businesses

A combination of domestic SMEs and larger businesses

Foreign large businesses

A combination of domestic and foreign large businesses

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* 12. How many dispute resolutions have you been involved with in the last year?

Dispute resolution refers to one of several different processes used to resolve disputes between parties, including for example, negotiation, mediation, arbitration, and litigation.
Domestic refers to parties who have their place of business in the same country.
International refers to parties who have their place of business in different countries.


Domestic Dispute Resolutions	Domestic Dispute Resolutions menu
International Dispute Resolutions	International Dispute Resolutions menu

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* 13. In general, what is your preferred method (eg negotiation, mediation, arbitration, litigation) of resolving business to business (B2B) commercial disputes? Please give reasons.

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* 14. What are the four key factors (please rank 1 being the most important, 4 being the least important) that determine the preferred method for resolving B2B disputes?

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* 15. What influences you choice of the dispute resolution regime?


Value of the dispute	Value of the dispute menu
Applicable law	Applicable law menu

Other (please specify)

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* 16. How many of your clients in a cross-border B2B dispute have a formal written contract with a dispute resolution clause?

< 25%

< 50%

< 75%

< 100%

100%

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* 17. Where your clients' contracts include an international arbitration clause, what do they usually specify? (Select all that apply)

Institutional arbitration

Domestic arbitration centre

Non-Domestic arbitration centre

Choice of law

Arbitral procedure rules

Other (please specify)

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* 18. Are there certain types of cross-border B2B contracts (eg construction, sale of goods, M & A, financial services) in which you/your clients typically insist on an international arbitration clause?

Yes

If Yes, which types of contract? Please list:

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* 19. If you advise your clients to opt for institutional arbitration, which rules do you typically suggest, and why?

Not applicable

Please name rules and give reasons:

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* 20. How many of your clients have entered into an arbitration clause after a dispute has arisen?

1-5

6 - 10

11 - 20

> 20

Copy of Counsel - International Arbitration Questionnaire

1. Background

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* 1. Are you a citizen of a Commonwealth country or countries?

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* 2. Is your main place of work in a Commonwealth country or countries?

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* 3. Is your main place of work a non-Commonwealth country or countries?

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* 4. Are your clients predominantly from Commonwealth countries?

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* 5. You are:

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* 6. What is your age, in years?

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* 7. You are a:

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* 8. You work:

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* 9. Your post qualification experience is:

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* 10. Your practice area is (indicate as many as applicable):

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* 11. Your clients include the following categories (indicate as many as applicable):*Please refer to your domestic definition of an SME

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* 13. In general, what is your preferred method (eg negotiation, mediation, arbitration, litigation) of resolving business to business (B2B) commercial disputes? Please give reasons.

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* 14. What are the four key factors (please rank 1 being the most important, 4 being the least important) that determine the preferred method for resolving B2B disputes?

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* 15. What influences you choice of the dispute resolution regime?

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* 16. How many of your clients in a cross-border B2B dispute have a formal written contract with a dispute resolution clause?

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* 17. Where your clients' contracts include an international arbitration clause, what do they usually specify? (Select all that apply)

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* 18. Are there certain types of cross-border B2B contracts (eg construction, sale of goods, M & A, financial services) in which you/your clients typically insist on an international arbitration clause?

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* 19. If you advise your clients to opt for institutional arbitration, which rules do you typically suggest, and why?

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* 20. How many of your clients have entered into an arbitration clause after a dispute has arisen?

* 11. Your clients include the following categories (indicate as many as applicable):

*Please refer to your domestic definition of an SME