Investor-State Mediation Task Force

Those participating in this task force do so in their personal capacities. The views, opinions and output of the task force do not necessarily reflect the position of the member’s employer or other affiliation.

Objectives of the IMI Investor-State Mediation Task Force:

  1. Offer practical guidelines for using the cooling off period to give mediation a viable chance
  2. Determine minimum standards of knowledge, skills and relevant experience for neutrals involved in Investor-State mediation
  3. Assist the parties in finding competent and suitable mediators or co-mediators for Investor-State disputes.
  4. Ensure a Designating Authority is identified if the parties cannot agree on one
  5. Provide model documents, decision trees, and case assessment tools to assist the parties and their counsel in Investor-State disputes to gain fresh insights into their case, and better understand each party’s interests, needs and concerns
  6. Keep the Mediation Rules quite distinct from Conciliation Rules
  7. Enable the creative use of hybrids, such as Dispute Resolution Boards
  8. Promote arbitral consent awards as a way to implement mediated settlements

Major Task Force Products

Investor-State Mediation Task Force

pdf

Investor-State Mediation Competency Criteria

Size : 204.41 kb
Hits : 95
Date added : 29-09-2017
pdf

ISM Task Force response to EU Commission July 2014

Size : 316.16 kb
Hits : 81
Date added : 29-09-2017
pdf

ISM Task Force response to EU Commission March 2017

Size : 1.79 mb
Hits : 85
Date added : 29-09-2017

Further Articles, Documents and News

Events

Kobe SALAD 2017 (summer program)
21- 25 August 2017
Kobe, Japan

The mediation of investor-state disputes will be discussed at the Kobe University Summer School of Asian Law and Dispute Management (“SALAD”) in Japan. In its fourth year, the program welcomes participants from across Asia for presentations and discourse about international business, dispute resolution, and the rule of law. Participants this year will include lawyers, academics, and students from the People’s Republic of China, Hong Kong, Japan, Korea, Macau, Malaysia, Singapore, and Vietnam.

For more information:
http://www.law.kobe-u.ac.jp/GMAP/summer_school/Pamphlet_Kobe%20SALAD%202017.pdf


Members of the Task Force

Mark Appel – Chair

International Arbitrator & Mediator, ArbDB Chambers (London, UK)

Mark Appel is an independent, international Arbitrator, Mediator, Consultant and Trainer.

Mr. Appel has 40 years of global arbitration and mediation experience, having served in both executive and senior executive positions at the American Arbitration Association (AAA) and International Centre for Dispute Resolution (ICDR), leaving ICDR/AAA as Senior Vice President, EMEA in December of 2015.

Mr. Appel is thoroughly familiar with arbitration practice and procedure, with experience in training arbitrators on four continents on behalf of various arbitral institutions, government ministries, Courts and NGOs.

While serving as a Regional executive for AAA, Mr. Appel personally administered or was responsible for the administration of thousands of commercial arbitrations.
Mr. Appel has also managed arbitral pre-filing and preliminary hearings, addressing issues including jurisdiction, arbitrator appointment/conflicts, scheduling and information exchange in a wide variety of commercial settings, with individual case claims up to 1 Billion USD.

In cooperation with industry experts, Mr. Appel has drafted multiple sets of arbitration and ADR procedures, including online, “desk” arbitration procedures for manufacturers and suppliers and Dispute Review Board procedures.

An experienced mediator and mediator trainer, Mr. Appel is a founding, now honorary, Director of the International Mediation Institute.

Conrad C. Daly – Secretary

Legal Consultant, World Bank (Washington, DC, USA)

Conrad C. Daly is Consultant at the World Bank and Counsel at GRC Counsel LLP. His work has been of a diverse nature, including justice reform, governance and anti-corruption, cybercrime, the right to education, and facilitating UN agencies engagement in World Bank-financed operations, as well as arbitration and mediation counselling. 

A dual U.S.- and French-educated attorney, Mr. Daly graduated with a J.D. and Master 1 & 2 from a dual-degree program between Cornell Law School and the Ecole de droit de la Sorbonne (Université Paris I Panthéon-Sorbonne). He is also a graduate of Heythrop College, University of London, where he read for a Master in systematic theology, and of Boston College, where he double-majored in biochemistry and in history. 

While in Paris as a Visiting Fellow at the Université Panthéon-Assas (Paris 2), Mr. Daly researched issues in competition law and lectured and researched on U.S. and U.K. constitutional and administrative law. His work experience also includes time with the German gas and engineering company, Linde AG, and at the U.S. Court of International Trade. Prior to making law his chosen profession, he worked at the Southern Medical Journal as its Special Projects Editor. Mr. Daly has published prolifically in many areas.

Members

  1. Mohamed ABDEL RAOUF, Partner, Abdel Raouf Law Firm (Cairo, Egypt)
  2. Alejandro CARBALLO LEYDA, General Counsel, International Energy Charter Secretariat (Brussels, Belgium)
  3. James CLAXTON, Professor, Kobe University (Kobe, Japan)
  4. Michael COVER, Arbitrator & Mediator, ArbDB Chambers (London, UK)
  5. Mustaqeem De GAMA, Counsellor, South African Mission to the WTO (Geneva, Switzerland)
  6. Roberto ECHANDI, Lead Private Sector Specialist, IFC, World Bank Group (Washington, DC, USA)
  7. Mariam GOTSIRIDZE, Head of Arbitration Department, Ministry of Justice (Tbilisi, Georgia)
  8. Mariana H.C. GONSTEAD, Professor, University of St. Thomas (Minneapolis, MN, USA)
  9. Elise GROULX DIGGS, Lawyer, Doughty Street Chambers (Washington, DC, USA)
  10. Olfa HAMDI, Advanced Work Packaging Institute (San Francisco, CA, USA)
  11. Anna JOUBIN-BRET, Avocat au Barreau de Paris, Cabinet d’Avocats Joubin-Bret (Paris, France)
  12. Wolf von KUMBERG, Managing Director, Global Resolution Services, Ltd. (London, UK)
  13. Bart LEGUM, Partner, Head of Investment Treaty Arbitration Practice, Dentons (Paris, France)
  14. László MOLNÁR, Partner, Technopolis Innovation Center (Budaörs, Hungary)
  15. Vilawan MANGKLATANAKUL, Director, Ministry of Foreign Affairs (Bangkok,Thailand)
  16. Karen MILLS, Founder & Arbitrator, Karim Syah Law Firm (Jakarta, Indonesia)
  17. Frauke NITSCHKE, Sr. Counsel/Team Leader, ICSID, World Bank Group (Washington, DC, USA)
  18. Eloise OBADIA, Partner, Derains & Gharavi (Washington, DC, USA)
  19. Naa Lamle ORLEANS-LINDSAY, Principal Legal Officer, Ghana Investment Promotion Centre (GIPC) (Accra, Ghana)
  20. Jeremy K. SHARPE, Partner, Shearman & Sterling, LLP (London, UK)
  21. Marie TALASOVA, ‎Head of International Legal Services Department, Ministry of Finance (Prague, Czech Republic)
  22. Hannah TÜMPEL, Director of Communications and Engagement, United World Colleges (London, UK)
  23. Sarah VASANI, Head of Investment Arbitration, Addleshaw Goddard (London, UK)
  24. Nancy A. WELSH, Professor of Law and Director of Dispute Resolution Program, Texas A&M University School of Law (Fort Worth, TX, USA)
  • Was this helpful ?
  • Yes   No