2025未决低价值商业纠纷的经济影响研究报告

3November2025 Contents Introduction6 1 2Framework of commercial disputes 2.1Transactions, contract adherence, and commercialdisputes2.2Low-value disputes 3The consequences of failing to resolve commercialdisputes3.1Primary business impacts Oxera Consulting LLP is aLimited Liability Partnershipregistered in England no.OC392464, registered office:Park Central, 40/41 Park EndStreet, Oxford, OX1 1JD, UK,with an additional office inLondon located at 200Aldersgate, 14th Floor, London,EC1A4HD, UK; in Belgium, no.0651 990 151, branch office:Spectrum, BoulevardBischoffsheim 12–21, 1000Brussels, Belgium; and in Italy, 4Conclusion36 Figures and TablesFigure1.1Framework for assessing the impact ofunresolved commercial disputes on businesses,markets and economies5Figure2.1Section overview8Box2.1The importance of contract adherence indifferent types of transactions9Box 2.2Monetary thresholds of low-value disputes11Figure2.2Continuum of dispute resolution mechanisms13Box2.3Escalating resolution mechanisms in Singapore14Box2.2ADR costs17Box 2.5Court litigation costs18Figure3.1Framework for assessing the impact ofunresolved commercial disputes on businesses,markets and economies20Figure3.2Summary of primary business impacts21Box3.1Developing country SMEs' vulnerability tocommercial disputes21Box 3.2Reluctance to escalate commercial disputes inVietnam24Box 3.3Costs to businesses involved in commercialdisputes: case study from India26Figure3.3Summary of secondary impacts on markets andeconomies28Figure3.4Impact of an environment of unresolvedcommercial disputes on investment28Figure3.5Impact of an environment of unresolvedcommercial disputes on credit and financialmarkets31 Although every effort has beenmade to ensure the accuracyof the material and theintegrity of the analysispresented herein, Oxeraaccepts no liability for anyactions taken on the basis ofits contents. With regard to our No Oxera entity is eitherauthorised or regulated by anyFinancial Authority orRegulation within any of thecountrieswithin which it © Oxera 2025. All rightsreserved. Except for thequotation of short passagesfor the purposes of criticism orreview, no part may be used or Figure3.6Impact of an environment of unresolvedcommercial disputes on market structure and Foreword from John Denton AO, Secretary Every day, millions of small and medium-sized enterprises (SMEs) powerthe global economy—driving trade, innovation, and opportunity. Yetwhen commercial relationships falter, too many of these businesses hit The International Chamber of Commerce (ICC) is proud toonce againpartner with Oxera to shine a light on this overlooked barrier to growth.This study provides the first comprehensive framework linking At ICC, our mission is clear: to make business work for everyone, everyday, everywhere. Exposing the hidden costs of inaccessible justice ispart of that effort. By quantifying the economic toll of unresolved Ensuring that SMEs haveaccess to effective dispute resolutionis one ofthe most direct ways to unlock growth. Itwouldstrengthen supplychains, attract investment to developing marketsand fuel innovation Strictly confidential© Oxera2025 practical step to restore confidence and mobilise capital where it is Emerging technologies, including artificial intelligence, now offer themeans to transform access to justice: delivering dispute resolution that This report is, above all, a call to action. The cost of inaction ismeasured not just in lost contracts—but in lost jobs, lost trust and lostopportunity. Itis time to remove this invisible drag on global prosperity ForewordfromtheADB Micro, small, and medium-sized enterprises (MSMEs) are the backboneof Asia and the Pacific’s economic resilience. They represent over 95% ofall businesses, employ more than half of the workforce, and generate Yet systemic barriers continue to hold MSMEs back—none more criticalthan the inability to resolve commercial disputes quickly, affordably,and effectively. This Oxera study,commissioned bytheInternationalChamber of Commerce (ICC),uncovers the staggering economic costs Improving the efficiency, accessibility, and affordability of commercialdispute resolution,especially for MSMEs,is not merely a legal issue—it isan economic imperative. Accessible, affordable and effective dispute Addressing these challenges requires innovative and scalable solutionsthat level the playing field, reduce barriers to justice and enable MSMEsto thrive in a rapidly evolving global economy. In this regard, ADB,through itsLaw and Policy Reform Program,4is honoured to partner withICC to support the development of an innovative online dispute to ensure that MSMEs gain access to fast, affordable and reliable ADB remains committed to advancing legal innovation, promotingaccess to justice, and creating an enabling environment where MSMEscan realise their full potential. Through collaborative efforts such as THOMAS M. CLARKGeneral CounselAsian Development Bank03November2025 Exe