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.

CEDR Investor-State Mediation Guide for Lawyers and their Clients

To download the Guide click on the red button below and complete the short form.

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

ADGM Arbitration Centre logo


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 ([email protected]) 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: [email protected]

                            

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  • Paul Sills

    Arbitrator & Mediator

    Languages English Professional Background Civil and Commercial – CMC Mediator, Arbitrators and Mediators Institute of New Zealand (AMINZ) – Fellow Arbitration & Mediation, Distinguished Fellow with International Academy of Mediators (IAM), Member of the London Court of International Arbitration (LCIA), Member of the Dispute Resolution Board Foundation (DRBF), Member of International Congress and Convention Association … Continued

  • Dr. Andreas Hacke

    Law Firm Partner, Mediator

    Languages English, German, French, Spanish, Dutch Professional Background Andreas is a trained German specialised lawyer in commercial and corporate law. Further, he is a CEDR accredited mediator (2020) and also fulfilled the CEDR Investor-State Mediation Training (2018). Andreas holds a post as Visiting Lecturer at the University of Oxford, England, and teach within the BCL/MJur/MLF … Continued

  • Joe Tirado Image

    Joseph Tirado

    Solicitor & Arbitrator

    Client Feedback: “Joe did an excellent job.  He was professional, enthusiastic and detail-oriented throughout the process. My client had never mediated before in any venue, and was impressed with Joe’s management of the proceeding, including the pre-mediation communications and the mediation itself. I would certainly recommend Joe to other litigants, and would use him again … Continued

  • Mark Appel

    Arbitrator & Mediator

    Languages English Professional Background Lead or adjunct faculty for cross-cultural, international mediation skills training in the Middle East, Asia, Europe and the Americas since 1995. Training work performed with support from and under the aegis of government (e.g. Ministry of Justice), NGOs (e.g. CEDR/ICSID/ECT) and Bar Associations (e.g. International Bar Association). Several opportunities to work … Continued

  • Michael Cover Image

    Michael Cover

    Solicitor, Arbitrator, Mediator and Adjudicator

    Client Feedback: “(Michael’s) skills as a mediator enabled the ill-will that was evident at the outset to be diffused”   Overview Michael Cover is a solicitor and now a full time independent ADR professional with 25 years’ experience. He has undertaken over 230 mediations related to claims across a broad spectrum of sectors and is … Continued

  • Dr Karl Mackie CBE, CEDR Founder & Mediator

    Dr Karl Mackie CBE

    Founder President

    Karl is one of the best-known names in commercial mediation practice and brings both professional commitment and legal and business psychology training to his core practice. He has worked on some of the most complex civil and commercial cases to go through the English legal system, including the first substantial Court of Appeal mediation (NRG), Maxwell Pension Trusts, … Continued

  • Tat Lim

    Law Firm Partner, Mediator

    Languages English, Chinese Professional Background CEDR, NMAS, HKMAAL, Singapore Mediation Centre, Singapore International Mediation Centre, IMI, State Courts Centre for Dispute Resolution, Regent’s University London, Asian Institute of Alternative Dispute Resolution, Vietnam Mediation Centre, Japan International Mediation Center – Kyoto, AAA-ICDR, CAO (IFC, World Bank Group), Global Mediation Panel of the Office of the Ombudsman … Continued

  • Eileen Carroll KC (Hon)

    Principal Mediator and Co-Founder

    Client feedback: “She settled the unsettleable” “She led the most effective opening session I have ever seen.” “She has a very unique, dynamic and proactive approach to mediation” Languages English Overview Eileen started her career in the international chemical industry before becoming a partner in the city law firm Turner Kenneth Brown (now CMS) where … Continued

  • Shanti Abraham

    Principal & Mediator

    Languages English, Malay Professional Background Trainer for Singapore Mediation Centre, Chartered Institute of Arbitrators and Malaysian Mediation Centre. Thought leader and project manager for the Malaysian National COVID-19 Mediation Initiative Expertise Investor-State Disputes Corporate Life Sciences Family Business Commercial, Construction Insurance Maritime & Transport Engineering & Infrastructure International Trade Professional Services

  • Birgit Sambeth Glasner

    Law Firm Partner & Mediator

    Languages English, French, German, Italian, Spanish Professional Background Acting as Counsel in mediations. Acting as Conciliator in ICC proceedings. External Mediator for the WTO since 2016. Mediator at CAS Court of Arbitration for Sport. Organizer and moderator of the monthly “Mediation Breakfasts” under the auspices of the Swiss Chamber of Commercial Mediators and the Chamber … Continued

  • Jack P. Levin

    Arbitrator & Mediator

    Languages English Professional Background CEDR Mediator (Investor-State Disputes) / CPR: International Institute for Conflict Prevention & Resolution / AAA (Master Mediator) / International Centre for Dispute Resolution / United States District Court Southern District of New / Appellate Division, First Department, New York / Commercial Division Supreme Court New York County. Investor-State Mediation Training, sponsored … Continued

  • Ronald Sum

    Law Firm Partner, Mediator

    Languages Chinese – Cantonese, Chinese- Putonghua, English Professional Background Ronald was the first batch of practitioners who attended the CEDR training course and CEDR Negotiation Course in Hong Kong in the mid-90s. Since then, he has been practising mediation throughout his career. In recent years, the Hong Kong Judiciary has introduced a form of “compulsory” … Continued

  • Mary Walker

    Barrister, Arbitrator & Mediator

    Language(s):  English, Arabic & French Professional Background I have mediated in all areas of dispute including (mediating an Islamic mosque planning dispute with the Islamic community and relevant local government), class actions, investor-state disputes including mining and petroleum/oil disputes, transnational, cross border disputes particularly insurance and finance, environmental, mining, petroleum, insolvency, large complex multi-party, indigenous … Continued

  • CEDR Mediator & Trainer, Wolf Von Kumberg

    Wolf Von Kumberg

    Arbitrator, Mediator

    Client Feedback: “Well placed to understand the needs of business people.”   Languages English, German & Italian Overview Wolf is a leading internationally recognised independent arbitrator and mediator practising globally out of London, Washington D.C and Abu Dhabi. He has a broad range of experience in alternative dispute resolution (ADR) and conflict management. He has been … Continued

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

CEDR/ICSID Podcast on Investor-State Mediation

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