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.
Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Edna Sussman: Foreword Part I. COMMERCIAL AND INVESTMENT MEDIATION: BOUNDARIES, TRENDS AND OUTLOOK 1: Katia Fach Gómez: The Role of Mediation in International Commercial Disputes: Reflections on some Technological, Ethical, and Educational Challenges 2: Catharine Titi: Between Utopia and Realism: Mediation and the Settlement of Investment Disputes 3: S. I. Strong: Applying the Lessons of International Commercial Arbitration to International Commercial Mediation. A Dispute System Design Analysis 4: Jack J. Coe, Jr.: Concurrent Co-Mediation-Toward a More Collaborative Centre of Gravity in Investor-State Dispute Resolution Part II. MEDIATION RULES AND MEDIATION IN PRACTICE 5: Alina Leoveanu and Andrija Erac: ICC Mediation: Paving the Way Forward 6: Eric Tuchmann, Tracey B. Frisch, Giovanna Micheli, and Yanett Quiroz: The International Centre for Dispute Resolution´s Mediation Practice and Experience 7: Frauke Nitschke: The ICSID Conciliation Rules in Practice 8: Kaj Hobér: Political Risk Insurance and Mediation 9: Danny McFadden: The Growing Importance of Regional Mediation Centres in Asia 10: Karen Vandekerckhove: Mediation of Cross-Border Commercial Disputes in the European Union Part III. SUBJECT-MATTER MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES 11: Ilaria Forestieri and Philipp Paech: Mediation of Financial Disputes 12: Calliope Sudborough: Mediating Sovereign Debt Disputes 13: Peter Cameron and Abba Kolo: Mediating International Energy Disputes 14: Heike Wollgast and Ignacio de Castro: WIPO Mediation: Resolving International Intellectual Property and Technology Disputes Outside the Courts 15: Alberto Fortún and Alfonso Iglesia: Mediation and Other ADR in International Construction Disputes PART IV. SPECIAL TOPICS IN THE MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES 16: Charles H. Brower II: Selection of Mediators 17: Chester Brown and Phoebe Winch: The Confidentiality and Transparency Debate in Commercial and Investment Mediation 18: Joe Tirado and Elisa Vicente Maravall: Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach 19: Hal Abramson: New Singapore Convention on Cross-Border Mediated Settlements: Key Choices
Catharine Titi is Research Associate Professor at the French National Centre for Scientific Research (CNRS)-CERSA, University Paris II Panthéon-Assas, France. Katia Fach Gómez is Tenured Professor (Profesora Titular) at the Law School, University of Zaragoza, Spain.
Reviews for Mediation in International Commercial and Investment Disputes
In sum, the volume masterfully situates the reader within the existing discourse in the field of mediation. It is useful for academics and practitioners alike who look for a study to delve deeper into the nature of mediation. * Ksenia Polonskaya, Assistant Professor, Department of Law and Legal Studies, Carleton University, Leiden Journal of International Law * I am very pleased to recommend this book to anyone who has an interest in the practice of international mediation. The book is a must-read for those practitioners who need to provide advice to clients in the use of ADR, and particularly on the benefits of mediation for cross-border disputes. From an academic standpoint, it could become a textbook for researchers and students in ADR. * Dr. Margie-Lys Jaime, Professor of Law at the University of Panama, Arbitration: The International Journal of Arbitration, Mediation & Dispute Management * Thirty outstanding international experts from academia, mediation and arbitration institutions, and international legal practice, address this complex subject from various angles in 20 excellent and inspirational contributions. * Martin Hauser, Commercial Mediator, Rechtsanwalt, ICC Dispute Resolution Bulletin * ... a brilliant collection of essays by outstanding, highly qualified experts from academia, mediation arbitration institutions, and international legal practice, who address this subject, in all its complexity, from a variety of angles. * Gracious Timothy Dunna, Arbitration and Mediation Counsel (Advocate, India), ICSID Review - Foreign Investment Law Journal *
