Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing.
Thursday, August 1, 2019
Titi & Fach Gómez: Mediation in International Commercial and Investment Disputes
Catharine Titi (Centre national de la recherche scientifique) & Katia Fach Gómez (Univ. of Zaragoza - Law) have published Mediation in International Commercial and Investment Disputes (Oxford Univ. Press 2019). The table of contents is here. Here's the abstract: