International Mediation

AfCFTA, Africa, International Investment Law, International Mediation, Investment Arbitration, Investment law, Investor-State arbitration, investor-State arbitration and mediation, ISDS

(Swiss Chamber of Commercial Mediation)/ /2 Comments

Many see the Pan-African Investment Code (PAIC), a model instrument adopted by the African Union (AU) in 2015, as the first step toward the ‘africanization’ of international investment law. While several national and regional instruments on foreign investments had been adopted by African States and Regional Economic Communities (RECs) prior to the PAIC, the latter’s…

International Mediation, Investment Treaties, investor-State arbitration and mediation

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Aron Broches, the chief architect of the ICSID Convention, said in 1964 that the role of conciliation in the Convention’s framework may prove to be more important than arbitration. There is little doubt that more than 50 years later, this forecast by one of international investment law’s giants has not yet become a reality. The…

International arbitration, International Investment Arbitration, International Mediation, investor-State arbitration and mediation

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As has been previously reported in this blog (e.g., here and here), there exists a rising interest globally for alternative forms of dispute resolution (ADR) for investor-state disputes. Indicative examples from investment treaty-making confirm this, including the USMCA, CPTPP, the EU’s investment agreements with Canada, Singapore and Viet Nam, ACIA, and the China-Hong Kong CEPA…

International arbitration, International dispute resolution, International Mediation, Investment Arbitration, Investment Disputes, Investment law, Investment Treaties, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management

(Australian National University)/ /1 Comment

In their reform discussions, States and arbitration institutions have been exploring the potential for investor-State mediation to work alongside arbitration, or even to replace it altogether for some disputes. While investor-State mediation has strengths relative to arbitration, any reform must carefully integrate mediation with existing processes and reform efforts.1)This post builds on: Esmé Shirlow, ‘The…

Enforceability, International Mediation, investor-State arbitration and mediation, Singapore Convention on Mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

The Singapore Convention on Mediation entered into force on 12 September 2020. Its entry into force compels a deeper look at dispute resolution design for investor-state disputes, and encourages a reconsideration of the common choice of arbitration in favour of mediation for two main reasons. The first reason relates to enforcement as the entry into…

International Investment Arbitration, International Mediation, Investment Arbitration, Investment Disputes, Investment Treaties, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management

(Australian National University)/ /1 Comment

Arbitration has undoubtedly become the dominant international procedure for settling investor-State disputes. Over the years, we have published various posts on the Blog that have considered intersections and tensions between arbitration and other, alternative, forms of investor-State dispute settlement (‘ISDS’). To mark this month’s entry into force of the Singapore Convention on Mediation, our series…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, Dispute Settlement, Energy, Energy Charter Treaty, International Arbitration Procedures, International Mediation, Interview, Interviews with Our Editors, Investment Arbitration, ISDS Reform, Multilateral Investment Court

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Alejandro, thank you for joining us on the Kluwer Arbitration Blog! We are delighted to have the opportunity to interview you at a time when the Energy Charter Treaty (ECT) and its modernisation are on the spotlight. Alejandro is the current General Counsel and Head of the Conflict Resolution Centre at the ECT Secretariat, which…

ADR, Enforcement, International arbitration, International Mediation, New York Convention, Singapore Mediation Convention

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If the number of signatories at the launch of a convention is any measure of success, then the Singapore Convention on Mediation (Singapore Convention) had close to five times the signatories as the New York Convention (NYC) which had 10 signatories (by the time the NYC came into force there were 24 signatories). The NYC…