On 29 January 2021, the European Union and Canada adopted four decisions providing for specific rules regarding the Investment Court System (“ICS”) agreed in the 2016 EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). One of them includes the Rules for Mediation. See: general facts about CETA. The CETA was signed on 30 October 2016, and…

In a few weeks’ time I will come to the end of a two-year mediation engagement in South Eastern Europe. The conflict in question relates to environmental pollution. The issues are complex and heavily contested, and there are many stakeholders – government, city authorities, environmental groups, investors and business, to name a few. It has…

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…

Last week I was interviewed by the communications specialist whose role is to develop a communications strategy for Mediators Association of Georgia. By interviewing mediators, he wanted to get a feel and inspiration which would help him work out an efficient strategy of communication on mediation. One of the first questions he asked was something…

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…

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…

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…

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…