Why use CEDR for ISDS Mediation?

Traditionally Investor-State disputes (ISDS) have 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,  with over 30 years’ experience of mediating international disputes with parties from over 70 countries involving commercial contracts subject to a range of national laws, and multiple types of business issue from acquisitions and energy to media and telecoms cases. 

ISDS is complex and raises issues that only an Institution with a mediation focus for over 30 years can assist in resolving. Our administrators are dedicated to assisting the parties and the mediators in establishing the platform for each case needed 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

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 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 can be based on agreed fixed fees, with hourly rates as needed. We are happy to discuss this further with you and provide indicative pricing.

CEDR ISDS Mediation will be delivered by a selection of the following team members:

  • James South
  • Dr Karl Mackie CBE
  • Eileen Carroll QC (Hons)
  • Dr Andrezj Grossman
  • Wolf Von Kumberg