Enabling Early Settlement in Investor-State Arbitration - The Time to Introduce Mediation Has Come
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
Introduction
[Paper added on 06/02/2014 - many thanks to OUP] In October 2012, Rules for Investor-State Mediation were published by the International Bar Association's Mediation Committee. It is suggested that the investor-State arbitral forums find ways to adopt, encourage and enable the IBA Rules, with some important support mechanisms mentioned below, to make mediation a far more practical and attractive option - whether making them part of the Regulations and Rules or operating in parallel alongside them. How can mediation be accommodated into investment treaty dispute ...