There is increasing interest in the potential for mediation to settle Investor-State disputes. A growing number of investment treaties contain specific provisions on mediation to resolve investment disputes, and much work has been done by organizations and institutions to promote the availability and benefits of mediation in investment contexts. This includes the new ICSID Investor-State Mediation Rules and the work by UNCITRAL’s Working Group III on Investor-State Dispute Settlement Reform. The COVID-19 pandemic has heightened interest in the use of timely and cost effective methods of dispute settlement such as mediation. The Singapore Convention on International Settlement Agreements Resulting from Mediation, which entered into force in September 2020, is also a key development in the field of mediation and gives it credibility in the eyes of States. CEDR through its work on an IS Mediation Task Force including leading ISDS Law Firms has helped to identify the key obstacles to States engaging in mediation and has formulated
suggested means of overcoming these obstacles. States themselves have through Institutions such as the Energy Charter Treaty have become increasingly interested in the use of mediation as an early grievance mechanism to use with investors to enhance inward foreign investment. Mediation therefore has an increasingly important process role in ISDS.

KEY SKILLS YOU WILL LEARN

• Understand the landscape of IS Dispute Settlement and be able to compare available dispute
  settlement processes.
• Describe the mediation process for IS Disputes, and the roles of the mediator, parties and
  lawyers.
• Assess the suitability of mediation and address commonly presented concerns about mediation
  in IS Disputes.
• Understand key advocacy skills as a State representative during an IS Mediation.

WHO SHOULD ATTEND?

Course registration is open to –

• Government employees who have an interest in learning about Investor-State mediation but
  do not have any prior mediator training or experience.
• Experience in Investor-State arbitration is desirable but not essential.

Applicants will be assessed for suitability.