Investor-state mediation

ADR, China, Chinese Culture, cross-border mediation, Hong Kong, ICSID, Investor-state mediation, People’s Mediation Law

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Introduction  China’s noticeable absence from ISDS cases raises interesting questions about the resolution of investor-state disputes from a Chinese perspective. So far, there have only been 15 ISDS cases brought on behalf of Chinese investors, with China having been on the receiving end of 9 claims. One might consider these figures very low, when compared,…

China, eBRAM, Hong Kong, Investor-State dispute settlement, Investor-state mediation, Mediation, UNCITRAL

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

Mediation is a confidential process with an impartial third party (the mediator) assisting the disputing parties to reach a mutually acceptable solution. Skilled mediators are also engaged by potential business partners to assist in the deal-making process. The Hong Kong SAR Government (Hong Kong Government) and in particular the Department of Justice has been promoting…

ADR, cross-border mediation, Dispute Resolution, Future of mediation, ICSID, Investor-state mediation, Uncategorized

(International Centre for Settlement of Investment Disputes)/ /1 Comment

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…

ADR, Arbitration, cross-border mediation, ICSID, International commercial mediation, Investor-state mediation, Reform, SIDRA Survey, Singapore Convention on Mediation, UNCITRAL

(Singapore International Dispute Resolution Academy)/ /Leave a comment

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…

Commercial Mediation, ICSID, International commercial mediation, Investor-state mediation, SIDRA Survey, Singapore, Singapore Convention on Mediation

, , (Singapore International Dispute Resolution Academy)/ /Leave a comment

The Singapore International Dispute Resolution Academy (“SIDRA”) issued the global International Dispute Resolution Survey: 2020 Final Report (the “SIDRA Survey”) on 3 July 2020, which studied the preferences, experiences, and perspectives of legal users (lawyers and legal advisers) and client users (corporate executives and in-house counsel) with regard to, among other mechanisms, international commercial mediation….

Europe, European Law, Evaluative Mediation, Experts, International Law, International Mediation, Investor-state mediation

(CMS)/ /Leave a comment

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…

Civil rights, Co-mediation, Communication, Conflict, Cooperation, COVID-19, Dialogue, Europe, General, Governments/Public Sector, insider and outsider mediators, Interests, International Mediation, Investor-state mediation, Mediation Outcomes, mediation process, Public Policy, Transformation, Trust

(Bill Marsh Mediator)/ /4 Comments

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…

Appointment of Mediators, Cognitive Bias, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, ICSID, International commercial mediation, International Mediation, Investor-state mediation

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

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…

Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Law, Investor-state mediation, Singapore Convention on Mediation

, (Singapore International Dispute Resolution Academy)/ /Leave a comment

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…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Investor-state mediation, Promoting Mediation, Research

(University of Sydney Law School)/ /2 Comments

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…