IBA Annual Conference Rome 2018

7 Oct - 12 Oct 2018

Session Room C, Level -1

Session information

Addressing the critics: the role of mediation in dealing with challenges to the investor state dispute resolution system
Session Room C, Level -1

Committee(s)

Mediation Committee (Lead)
Dispute Resolution Section
State Mediation Subcommittee

Description

The current investor state dispute resolution (ISDR) system is facing criticism with regard to some important aspects of the procedures it offers. A lack of transparency, neutrality of the deciding third party, the limitations of amicus curiae involvement and a lack of flexibility to take into account considerations beyond the applicable law are some of the concerns raised. In recent years, there have been increasing initiatives to develop the use of mediation for the resolution of investor state disputes. Some of the advantages put forward include the fact of the mediator remaining neutral in light of him/her not having a role in deciding the dispute, the flexibility of the mediation process with regard to including further parties around the table, the opportunity to look in a mediation for solutions beyond results that can be achieved in legal proceedings and the role of mediation in considerably decreasing costs of the dispute resolution process. This session will invite representatives of some of the main actors in the field to reflect on the status of the use of mediation for ISDR - as well as look at obstacles and challenges. Speakers will include representative of companies, states, institutions and dispute resolution specialists.

Session / Workshop Chair(s)

Shreyas Jayasimha Aarna Law, Bengaluru, Karnataka, India; Co-Chair, State Mediation Subcommittee
Hannah Tümpel UWC International, London, England; Co-Chair, State Mediation Subcommittee

Speakers

Francisco Abriani ICSID, Washington, District of Columbia, USA
Michael McIlwrath MDisputes Srl, Florence, Italy; Corporate Counsel Forum Liaison Officer, Arbitration Committee
Frauke Nitschke ICSID, Washington, District of Columbia, USA
Eloise M Obadia World Bank, Investment Policy and Promotion, Washington, District of Columbia, USA
Professor Hi-Taek Shin KCAB International, Seoul, South Korea