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…

I say regularly that students make the best teachers. My students continue to prove me right. In my recent ADR program I confessed to my undergraduate students that having a conversation about culture was something that made me very anxious. I feel poorly prepared and I fear, with the best intentions, causing offence and appearing…

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…

The deeply-felt norm of conducting mediation on a single day is eroding as everyone adjusts to the realities of the coronavirus crisis and people appreciate the benefits of spreading out the process over time. This post describes the evolution around the world to what I have called “planned early multi-stage mediation.” One-Day Mediations For many…

Looking back to my lunch on a balcony overlooking the Thames in 2006, I am struck by how far dispute resolution has developed since our host, Michael Leathes, asked: “how, if we could, might we improve the dispute resolution world”? In my opinion Michael’s contribution to that development has been as significant as that of…

This is part 2 of a 3 part blog series highlighting select findsings from the SIDRA Survey 2020. To read Part 1, click here. The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international commercial dispute resolution. Through an examination…