Effective inter-governmental relations among the constituent parts of the United Kingdom are essential in an era of increased devolution of powers, post-Brexit allocation of responsibility and contested narratives about the future of the (uncodified) UK constitution. Background One of the rather depressing aspects of the constitutional impasse in the UK is that inter-governmental relations (IGR)…

This series of blogs posts explores investment mediation from a variety of angles. In this third installment, we explain the primary differences between mediation and conciliation at ICSID. In part one, we explore how to determine whether mediation is an appropriate option for resolving an investment dispute, while part two looked at what mediation is—and…

Slowly but surely the dispute resolution landscape is shifting for investment related disputes. More than half the respondents to the International Dispute Resolution Survey published by the Singapore International Dispute Resolution Academy (SIDRA) last year indicated that they have been involved in an investor-state dispute between 2016 and 2018. And, it is of course no…

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

Interest is growing in the use of mediation for investor-state disputes. Recent webinars on investor-state mediation (including SIDRA’s recent webinar) have explored ICSID’s new investor-state mediation rules, the role of the Singapore Convention for investor-state mediation and the need for further domestic legislation on mediation. Discussions at these virtual conferences have also emphasised the importance…

The introduction of the Singapore Convention on Mediation (SCM) last year has intensified the long-standing debate on professional mediator standards. A previous blog post called for China to streamline its legislation on commercial mediation, and another spoke of the prospects of proliferating and harmonizing standards in the Middle East. The idea of a global mediator…

Settlement agreements reached through mediation are mere contracts and not court decisions. As such, and in the absence of a statutory framework, enforcement of mediated settlements can only be carried out voluntarily by the parties. Failing which, the aggrieved party must enter into a court or arbitral process through which the defaulting party is compelled…

Hot off the heels of the Singapore Convention, The Singapore International Mediation Centre (SIMC) and the Japan International Mediation Center (JIMC) on 12 September 2020 signed a Memorandum of Understanding to operate a joint protocol that provides cross-border businesses, including companies along the Singapore-Japan corridor, with an economical, expedited and effective route for resolving commercial…

On this day, the Singapore Convention on Mediation comes into force. You can view the ratification ceremony here.. At the time of writing, there are 53 State Parties to the Convention, six of which have ratified it (Singapore, Fiji, Qatar, Saudi Arabia, Belarus and Ecuador). Qatar was the third signatory State Party to deposit its…

In recent years, mediation has been actively discussed for the investor-state dispute settlement (ISDS) regime, particularly as a means of reducing costs and delays. This interest is one reaction to growing discontent about the option of investor-state arbitration (ISA) typically offered by host states in international investment treaties, to make substantive commitments (like non-discrimination) more…