In this month’s episode of ADR Advisor, IMI Co-Chair Deborah Masucci is interviewed about the ongoing Global Pound Conversation and its implications for ADR institutions and practice.
You can download a PDF of the issue here: ADR Advisor – July 2018
Access the Global Pound website and read the latest news and interviews via https://www.globalpound.org/
Why is a convention on corporate agreements welcome?
On June 25, 2018 during the 51st Session of UNCITRAL, final drafts were finalized for a Convention on the Enforcement of Mediation Settlements and a Model Law for the same. The drafts are being referred to the Commission for adoption later this year.
On June 27, 2018, IMI submitted comments on a proposed Regulation from the EU Commission that is intended to promote fairness and transparency between online services and their clients. The proposed Regulation includes provisions for complaints resolution and (online) mediation, and IMI proposes that it incorporates established IMI quality standards for mediation services as followed globally. IMI also recommends leveraging existing lists of qualified and certified mediators, such as that associated with IMI, and welcomes the opportunity to provide input both to the Commission and Regulation stakeholders..
To read IMI’s feedback: https://ec.europa.eu/info/law/better-regulation/initiatives/com-2018-238/feedback/F12364_en
To view other feedback on the proposed Regulation: https://ec.europa.eu/info/law/better-regulation/initiatives/com-2018-238/feedback_en
A New Report on the Global Pound Conference Series is available at https://www.globalpound.org
The Report is the result of a collaboration with Herbert Smith Freehills, PwC, and the International Mediation Institute. The Report focuses on Global Trends and Regional Differences.
The 3-day interactive training covered the context, framework and practice of investor-State dispute settlement. The goal of the training was to provide experienced mediators, ISDS practitioners and government officials with the knowledge and skills necessary to mediate investment disputes. The successful completion of the course led to a Certification in Investor-State Mediation.
On the first day, participants explored the framework of investor-State dispute settlement, as well as process considerations and design aspects of investor-State mediation, such as stakeholder mapping. On the second day, participants considered co-mediation, intercultural competency, the effective conduct of an investor-State mediation, and ethical considerations. The third day was devoted to providing participants with the knowledge and skills to mediate investor-State disputes through assessment role plays and coaching. The interactive teaching methodology was designed to give participants a realistic learning experience.
The faculty included: Mark Appel, Member of ArbDB Chambers;Alejandro Carballo-Leyda, General Counsel of the International Energy Charter; Wolf von Kumberg, Arbitrator and Mediator, ArbDB Chambers; Karl Mackie, Founder President of CEDR;Corinne Montineri, Legal Officer of Legal Affairs, UNCITRAL; Frauke Nitschke, Senior Counsel and Team Leader at ICSID; and James South, Managing Director of CEDR.
Trainers and participants during the Investor-State Mediator Training, May 8-10, 2018, Paris
Based on initial feedback from the Global Pound Conference, a Mixed Modes Task Force (the “Taskforce”) was set up by the College of Commercial Arbitrators (CCA), the International Mediation Institute (IMI) and the Straus Institute for Dispute Resolution, Pepperdine School of Law to examine possible new ways of combining mediation with arbitration. (More information).
One of the six working groups in this Taskforce is looking into interactions between mediators and arbitrators. The Taskforce is looking at all combined processes (such as med/arb) that run sequentially, in parallel or are integrated into one-another, and how and under what constraints the neutrals may communicate with one-another. This is an area that obviously raises many concerns, as the point is not to jeopardize any arbitration or other proceedings, but to explore what may be possible or advisable. In order to help this working group with its task, we are seeking any information and/or feedback to the following questions:
Please submit your responses using this SurveyMonkey survey. Responses will be summarized and shared back to those people who express an interest via the survey.
Your responses would be greatly valued and appreciated.
Laura Skillen has joined IMI in the new role of Director of External Relations effective March 1, 2018.
Laura has been working with IMI for the past year initially in a limited capacity for the Global Pound Conference and then as the lead rebuilding the underlying infrastructure and websites for both the GPC and IMI. She has taken on an increasing role in managing IMI’s operations, and will now be key to fundraising IMI’s further growth and GPC reporting.
Laura comes to us from the private sector, where she has worked in corporate governance, IT, and marketing.
Please join us in welcoming Laura to IMI.
The Note advocates the further use of mediation as a component of any reformed multilateral investor-state dispute settlement (“ISDS”) system, and sets out key considerations attendant to establishing an adequate framework for the amicable resolution of investment disputes involving investors and governments within the single market (the “Framework”). It responds to the Public Consultation on the topic launched by the European Commission – Directorate-General for Financial Stability, Financial Services and Capital Markets Union (“DG FISMA”). In particular, the Note recommends that the Framework:
Importantly, the Note recommends that EU Investor-State policy reflect the expectation that mediation will be utilised for both conflict management and dispute resolution and further, that mediation will be a treaty-based default option, which parties may unilaterally opt out of only by expressly rejecting the use of mediation at the time of the dispute.
To download the IMI Investor-State Mediation Taskforce – DG FISMA Note from 30 January 2018 please click here.
