Investor-State Mediation Service
Investor-State mediation has become an increasingly popular alternative to arbitration in resolving international investment disputes.
CEDR Investor-State Mediation Guide for Lawyers and their Clients
CEDR recognised an opportunity to add something new to the growing body of practical Investor-State Mediation information and advice. What has been missing to date is a piece focused on strategic considerations for legal counsel. With that in mind, CEDR created an advisory group of globally diverse leading ISDS practitioners, download the Guide (see the red button on the left) to find out more.
Why use CEDR for ISDS Mediation?
Traditionally Investor-State Dispute Settlement (ISDS) has been settled by Arbitration often through established International Arbitral bodies. CEDR is the only mediation-focused international ADR Body that has the experience of designing, setting up and managing complex international mediations. CEDR has over 30 years experience of mediating international disputes with parties from over 70 countries, involving commercial contracts to a range of national laws, in addition to multiple types of business issues from acquisitions and energy to media and telecoms cases.
In recent years we have also worked in developing Investor-State Mediation in collaboration with the International Centre for the Settlement of Investment Disputes ICSID), (with whom we have a cooperation agreement) and the International Energy Charter (IEC). Specifically, we have developed and delivered training for experienced mediators in order to establish a cadre of individuals with the knowledge and expertise to deal with the nuances of investor-state disputes. It is some of these mediators that make up CEDR & ADGM's Panel of Investor-State Mediators below.
ISDS is complex and raises issues that only an Institution with 30 years of commercial mediation experience can assist in resolving. Our process design experts and case advisors are dedicated to assisting the parties and the mediators in establishing the platform needed for each case to resolve cases through to settlement.
This includes assisting with:
- Understanding the ISDS process
- Understanding cross-culture dynamics
- Stakeholder mapping
- Press and communication protocols
- Structuring co-mediations
- Arranging hearing rooms and providing administrative and translation services
In partnership with
Process
Step 1: Preliminary discussions with parties to agree to progress with mediation
Step 2: Appointment of Process Design facilitator to work with the mediator (s) to design a framework under which the mediation will take place.
Step 3: Preliminary matters including the appointment of mediator(s).
Step 4: Process design phase with input from the facilitator, mediator(s) and the party representatives (see 'How does it work' below for further information)
Step 5: Mediation Process Set up with input from the facilitator, mediator(s) and the party representatives.
Step 6: Mediation Process Undertaken with assistance as needed by the mediator(s) and the parties from CEDR.
To view how ISDS works in practise please view the Process Steps above right.
In Step 4 Process design phase, the following input will be provided by the facilitator, the mediator(s) and the party representatives:
- Structuring the format and phases of the mediation
- Time estimates and scheduling
- Providing a secure platform for maintaining data and information needed for the mediation
- Stakeholder mapping
- Venue (s) selection
- Identify Administration and translation requirements
- Identifying transparency requirements and format for handling same
- Press and communications protocol
- Identifying and capturing party internal approval requirements and settlement restraints
- Identifying timing and hearing restraints
- Assisting in arranging preliminary meeting(s) and protocol arising therefrom
- Assisting mediators as needed during the mediation process.
For more guidance on how IS mediation would work, see the CEDR Investor-State Mediation Guide for Lawyers and their Clients and the International Energy Charter Guide on Investment Mediation
Please contact the Director of Commercial Dispute Services, Lauren McGuirl (lmcguirl@cedr.com) for further advice about this service
The costs of institutional mediation are based on the services that CEDR will be providing. This is a bespoke service tailored in each case to the needs of the parties and will require a discussion around the scope of requirements, time frame and complexity of the matter. A fee arrangement would be based on a day rate for the mediator and other professionals, and a fixed rate for case support and administration. We are happy to discuss this further with you and provide indicative pricing.
Investor-State Mediation Panel
CEDR and the Abu Dhabi Global Market Arbitration Centre (ADGMAC) share the view that Investor-State Mediation is a burgeoning area and one of increasing interest to States and Investors. Against that background, CEDR and ADGMAC have collaborated to establish a Panel of experienced IS Mediators to offer to disputing parties around the globe. This Panel was by invitation only and based on criteria such as extensive mediation experience, and experience and training in IS disputes. If you are interested in appointing any of these mediators please contact Richard on: rnunn@cedr.com
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Paul Sills
Arbitrator & Mediator
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Joseph Tirado
Solicitor & Arbitrator
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Michael Cover
Solicitor, Arbitrator, Mediator and Adjudicator
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Mary Walker
Barrister, Arbitrator & Mediator
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Mark Appel
Arbitrator & Mediator
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Wolf Von Kumberg
Arbitrator, Mediator
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Eileen Carroll KC (Hon)
Principal Mediator and Co-Founder
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Dr. Andreas Hacke
Law Firm Partner, Mediator
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Tat Lim
Law Firm Partner, Mediator
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Shanti Abraham
Principal & Mediator
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Dr Karl Mackie CBE
Founder President
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Birgit Sambeth
Law Firm Partner & Mediator
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Jack P. Levin
Arbitrator & Mediator
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Ronald Sum
Law Firm Partner, Mediator
Understanding Investor-State Mediation
Investor-State Mediation is a growth area in international dispute resolution. CEDR has been at the forefront of this development alongside International Centre for Settlement of Investment Disputes (ICSID) and The International Energy Charter.
Wolf von Kumberg, International Arbitrator & CEDR Mediator gives an overview of Investor-State Mediation, including:
- What are Investor-State Disputes?
- What is Investor-State Mediation?
- Benefits of Investor-State Mediation
- Unique Challenges of Investor-State Disputes