Designing a Hybrid Dispute Resolution Process in Investor-State Dispute Settlement
Published 21 January 2022
The paper proposes the use of a hybrid dispute resolution mechanism in investor-state dispute settlement. While hybrid dispute resolution mechanisms can take a variety of forms, this paper focuses on a mechanism that combines arbitration and mediation into one integrated dispute resolution system. The purpose of this paper is to examine how mediation can be integrated into a hybrid dispute resolution mechanism. Mediation is not likely to replace arbitration as the main mechanism for the resolution of investor-state disputes. Instead, parties can take advantage of the benefits that both mechanisms mediation and arbitration offer in conflict resolution. The paper examines four key themes that are necessary for designing a hybrid dispute resolution process, namely, (1) different ways that mediation can be integrated into a hybrid dispute resolution process, (2) the timing of, and (3) confidentiality of, mediation within hybrid dispute resolution, and (4) the qualifications of those mediating in hybrid procedures. The paper relies on a survey and interviews conducted by the Singapore International Dispute Resolution Academy (SIDRA) in designing a hybrid dispute resolution mechanism for investor-state disputes.