2016 Queen Mary Technology, Media and Telecommunications Dispute Resolution Survey Report

The Survey Report on Technology, Media and Telecommunications (TMT) Disputes, recently published by the School of International Arbitration of Queen Mary University of London, highlights trends in the use of arbitration in TMT matters, covering types of TMT disputes, in-house dispute resolution policies and preferences, dispute resolution mechanisms in practice, and the comparative strengths and rankings of institutional dispute resolution providers.

Full Report

Considered authoritative in the international arbitration community, this Survey, which for the first time focused on TMT, involved 343 written replies and 62 personal interviews.

Core results relevant to the WIPO Arbitration and Mediation Center include:

Top-five most used institutions for TMT disputes over past 5 years

1. International Court of Arbitration (ICC) 64%
2. WIPO Arbitration and Mediation Center 38%
3. London Court of International Arbitration (LCIA) 29%
4. International Center for Dispute Resolution (ICDR) 20%
5. Singapore International Arbitration Center (SIAC) 19%

Most used institutions for TMT disputes involving IP

1. ICC 59%
2. WIPO Center 55%

Where expressed, top-three preference for an institution

1. WIPO Center 11%
2. ICC 9%
3. LCIA 6%

Other Survey findings include:

  • 75% of respondents have a dispute resolution policy, with 43% preferring arbitration and 40% mediation, while 50% favored litigation.
  • 92% of respondents consider arbitration well suited to TMT disputes;
  • 82% of respondents foresee an increase in the use of arbitration;
  • Respondents expect ownership of intellectual property and licensing of technology to continue to be a likely source of disputes, and more disputes to arise in future from “collaboration” and data and system security breaches.