Mediation and the Future of ISDS

Presentation

Amidst growing awareness regarding the challenges to investment arbitration, investor-State mediation (ISM) has recently come into the spotlight as a promising venue for investor-State dispute settlement (ISDS).

This growing interest has been fueled by recent initiatives aimed at bolstering the use of mediation in investment disputes, as seen with the 2022 ICSID Mediation Rules in particular. With conflict prevention and mitigation being one of the focal points of UNCITRAL’s ongoing discussions on the reform of ISDS as part of its Working Group III, ISM is expected to gain further momentum over the coming years, especially following the enactment and wide ratification of the Singapore Convention.

Although mediation appears to be a viable alternative to address some of the well-known critics of investor-State arbitration, ISM remains scarcely used in practice. As a matter of fact, several observers point to specific features of ISDS which may hinder the rise of mediation as a method for resolving investor-State disputes.

Our guest speakers are closely involved in the recent initiatives towards promoting mediation in ISDS from different standpoints, whether by acting on behalf of States, international organizations, private investors, or in academia. As part of Audit Duprey Fekl’s 2024 PAW roundtable, our great panel of international experts will tackle this timely issue, reflecting on the latest initiatives regarding ISM, the expected or suggested developments, as well as theoretical and practical issues.

The event will take place at the Cercle de l'Union Interalliée. Jacket and ties for gentlemen are mandatory.