New Competency Criteria for Investor-State Mediators

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Investor-state disputes are constantly changing, as are the ways they are being resolved. While arbitration is well known in the area of investor-state disputes, mediation is also beginning to gain ground as a potential choice for some investors.

In September, the International Mediation Institute (IMI) published a comprehensive set of Competency Criteria for Investor-State Mediators, aiming to assist users and providers of dispute resolution services in selecting suitable mediators for disputes between private sector entities and states

In a press release issued by IMI, mediation was described as presenting a “credible and compelling option for both investors and states seeking to settle disagreements and disputes arising from (or to engage in constructive dialogue processes regarding) investment activities”. While also presenting “an important space and means for introducing non-juridic talent into the dispute resolution process”.

According to IMI, this is being increasingly recognised by international institutions such as the Energy Charter Conference Secretariat, which has worked with IMI to implement a Mediation Guide to the disputes provisions of the Treaty. Although a pool of investor-state arbitrators has developed over the recent years, and despite mediation gaining momentum in resolving international disputes – there is currently no readily available pool of accredited or identifiable investor-state mediators from which parties can choose.

This launch follows consultation and a series of deliberations over the past few years. The Investor-State Mediation Task Force of the IMI Independent Standards Commission (ISC) which created the criteria, consists of thought leaders in the investor-state dispute settlement field representing stakeholders. These included experienced in-house counsel, academics, government officers and professional practitioners and advisers, who had direct and supportive input into the development of the criteria. 

The criteria will be piloted by relevant organisations and practitioners who will work with the task force  to promote the use of mediation in investor-state disputes and negotiations with the help of the newly developed criteria.

10 comments

[…] In regards to choosing mediators, the informal method of ‘asking peers’ remains the predominant way to do this in just over half of cases. As mediation becomes more popular as a career path and as a form of dispute resolution, the selection of mediators is likely to become more complex – raising the issue of regulation and certification of mediators. […]

[…] to use mediation before resorting to arbitration) and tribunal-encouraged mediation will become more common than at […]

[…] IMI Investor-State Mediation Taskforce has created a holistic set of Competency Criteria for Investor-State Mediators that is true to the creativity and hybridity of mediation. Recognising that investment disputes are […]

[…] Mediation Institute (IMI) Investor-State Mediation Taskforce submitted comments for the last public consultation on this topic launched by the EC in 2014 and […]

[…] regulatory frameworks to govern the practice of mediation, standards of quality, and licensing and accreditation schemes. This is a huge benefit to users, and provides a robust framework to support the growth of […]

[…] Mediation Institute (IMI) Investor-State Mediation Taskforce submitted comments for the last public consultation on this topic launched by the EC in 2014 and […]

[…] to use mediation before resorting to arbitration) and tribunal-encouraged mediation will become more common than at […]

[…] IMI Investor-State Mediation Taskforce has created a holistic set of Competency Criteria for Investor-State Mediators that is true to the creativity and hybridity of mediation. Recognising that investment disputes are […]

[…] regulatory frameworks to govern the practice of mediation, standards of quality, and licensing and accreditation schemes. This is a huge benefit to users, and provides a robust framework to support the growth of […]

[…] In regards to choosing mediators, the informal method of ‘asking peers’ remains the predominant way to do this in just over half of cases. As mediation becomes more popular as a career path and as a form of dispute resolution, the selection of mediators is likely to become more complex – raising the issue of regulation and certification of mediators. […]