investor-state

Investor-State Mediator Training Held in Paris

The International Centre for Settlement of Investment Disputes (ICSID), the Centre for Effective Dispute Resolution (CEDR), the International Mediation Institute (IMI) and the International Energy Charter jointly organized a 3-day training course for mediators in investor-State disputes. The training took place from May 8 to 10, 2018, at the World Bank Conference Centre in Paris, and was attended by participants from all regions of the world.

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.

Investor State Mediation Training-Paris.jpg

Trainers and participants during the Investor-State Mediator Training, May 8-10, 2018, Paris

                                                                   

Posted by Deborah Masucci in 2018, News

IMI Investor-State Mediation Task Force Pilot Project

The first Investor-State Mediation Task Force Pilot Project was held on June 12-14 at ICSID in Washington DC, USA.

The 3-day training, designed jointly by the Centre for Effective Dispute Resolution (CEDR), the International Centre for Settlement of Investment Disputes (ICSID), and IMI, covered the context, framework and practice of Investor-State disputes, and provided experienced mediators with knowledge and skills to mediate investment disputes. The syllabus for the course was based on the IMI standards for Investor State mediators. Successful completion of the course will lead to an IMI Certification in Investor-State Competency and recognition as a CEDR Mediator (Investor-State Disputes). 

The course attendees all had prior mediation experience as well as knowledge of Investor State arbitration. They came from a wide range of jurisdiction from around the world.

Attendee Lucy Ferguson Reed gave the following comment on the course:

“Over my years as counsel and arbitrator in investor-state arbitration, I have become ever more convinced that many State-level disputes should be settled and, with the help of specialized mediators, could be settled. Kudos and thanks to IMI, CEDR, ICSID and ECT for implementing this serious inaugural ISDS mediator training.”

Another attendee, Mary Walker commented:

“I was fortunate to attend the first Investor-State Mediation Course sponsored by ICSID, the American University Washington College of Law, The Centre on International Commercial Arbitration, CEDR and IMI which was held at the World Bank in Washington in June 2017. 

Participants were required to know the Investor-State regime as well as being able to deal with complex multi-party disputes through mediation. The eminent trainers were involved in the development of the course and were on hand to assist during the intensive training this course offered. 

I cannot express the delight of being amongst colleagues eager to learn yet already knowledgeable in their chosen fields. The truly international and cross-cultural focus provided in this course via the trainers and participants who came from varied jurisdictions provided a rare opportunity to learn and hone one’s skills in this new area now opening for mediators. This is not an entry level mediation course but I highly recommend this course for experienced mediators and those who deal with Investor-State disputes.”  

It is anticipated that the course will run again in Europe and Asia. 

 

https://imimediation.org/investor-state-mediation-criteria

https://imimediation.org/investor-state-mediation-taskforce

http://www.energycharter.org/what-we-do/events/training-for-mediators-in-investor-state-disputes-washington-dc/

https://www.cedr.com/docslib/Investor-State_Mediator_Training_Flyer_2

Investor-State_Mediator_Training_Flyer_2017017.pdf

Posted by Laura Skillen in 2017, News

IMI Investor-State Mediation Task-force Pilot Project

The Competency Criteria for Mediators in Investor-State Disputes will be launched in a Pilot project on June 12-14, 2017 in Washington, D.C.

This 3-day interactive, practice-based investor-State mediator training, designed jointly by the Centre for Effective Dispute Resolution (CEDR), the International Centre for Settlement of Investment Disputes (ICSID), the International Mediation Institute (IMI) and the International Energy Charter, will cover the context, framework and practice of investor-State disputes, and will provide experienced mediators with knowledge and skills to mediate investment disputes. Successful completion of the course will lead to an IMI Certification in Investor-State Competency.

IMI Certified Mediators will have priority in being admitted to the course and assessment.

For further information and to register go to:
https://www.cedr.com/docslib/Investor-State_Mediator_Training_Flyer_VF.pdf

Posted by Laura Skillen in 2017, News

Investor-State Mediator Training – Pilot Program

12, 13, 14 June 2017, Washington DC, USA

There is increasing interest in the potential for mediation to resolve investor-State disputes. Recent international treaties contain specific provisions on the use of mediation in investor-State disputes, and much work has been done by organizations and institutions to promote the availability and benefits of mediation in the investment dispute context.

WHY ATTEND?

This 3-day interactive, practice-based investor-State mediator training, designed jointly by the Centre for Effective Dispute Resolution (CEDR), the International Centre for Settlement of Investment Disputes (ICSID), the International Mediation Institute (IMI) and the International Energy Charter, will cover the context, framework and practice of investor-State disputes, and will provide experienced mediators with  knowledge and skills to mediate investment disputes.Successful completion of the course will lead to the IMI Certification in Investor-State Competency.

WHO SHOULD ATTEND?

Course registration is open to –

  • individuals who have participated in basic mediator training (40 hours minimum)* and
  • individuals who have practical experience serving as mediator.*

Experience in investor-State arbitration is desirable but not essential.

*To be assessed by CEDR during the application process.

Download the event flyer at: 
https://www.cedr.com/docslib/Investor-State_Mediator_Training_Flyer_2017.pdf

The cost
USD 2500.00 for all participants

 

Investor-State Mediator Training – Curriculum

The course will be conducted in English and relies heavily on an interactive teaching methodology. It will cover the following:

 

DAY 1

Investor-State Disputes: Context & Framework

This session will cover the background of investment disputes, including the types of investments, profiles of investors, and categories of disputes that may arise. It will further provide an overview of the existing investor-State dispute settlement system.

Investor-State Mediation: Specific Process Considerations

This part of the course will explore process considerations specific to disputes between investors and States, providing participants with tools and techniques customized for investor-State mediations.

 

Day 2

Intercultural Competency

An intercultural competency framework, culturally-shaped preferences and organizational cultures will be explored in the investor-State mediation context.

Designing a Mediation Process for Investor-State Disputes

Building on the specific considerations and dynamics of investment disputes reviewed on Day 1, this session will focus on designing a suitable investor-State mediation process.

Conducting an Effective Investor-State Mediation Process

A wide range of mediation techniques will be reviewed in this session using a practice-based approach. Issues around settlement agreements and principles of co-mediation will also be addressed.

Ethical Considerations

This session focuses on ethical challenges encountered by investor-State mediators and explores options how these can be addressed effectively.

Day 3

Assessment Day

Using a roleplay approach, each participant will act as a mediator and be assessed by experienced CEDR trainers, applying a set of competencies especially developed for investor-state mediators. Confidential feedback will also be provided following the assessment session.

For more information or to book a place
Please contact the training team on +44(0)20 7536 6000, email [email protected] or use the CEDR secure serverto book online.

Posted by Laura Skillen in 2017, News

IMI Introduces Competency Criteria for Investor-State Mediators

The Investor-State Mediation Task Force of the IMI Independent Standards Commission (ISC), has developed a comprehensive set of IMI Competency Criteria for Investor-State Mediators.

The aim of the criteria is to assist parties, institutions, designating authorities and other appointing bodies in selecting competent and suitable mediators/co-mediators, for disagreements (or concerns) between private sector entities and States, by creating or developing criteria that can help inform and guide their choices.

Mediation presents 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. It also presents an important space and means for introducing non-juridic talent into the dispute resolution process. This has been increasingly recognised by international institutions such as the ECT Secretariat, which has worked with IMI to implement a Mediation Guide to the disputes provisions of the Treaty. While a pool of Investor-State arbitrators has developed over the recent years, and while, in parallel, mediation of international disputes has gained momentum, there is as yet no readily available pool of accredited or identifiable Investor-State mediators from which parties can choose their mediator or co-mediators.

This launch follows consultation and a series of deliberations over the past years. The Task Force consisting of thought leaders in the Investor-State dispute settlement field representing stakeholders includes experienced In-House Counsel, Academics, government officers and professional practitioners and advisers. They had direct and supportive input into the development of the criteria.

The Criteria will be piloted by relevant organisations and practitioners involved in investor-state dispute resolution and reviewed in 2017. The Task Force will be working with the pilot programmes, investors and States to promote the use of Mediation in Investor-State disputes and negotiations with the help of the newly developed Criteria.

The Investor-State Criteria, Task Force and all related materials are posted at:
http://www.imimediation.org/about-imi/who-are-imi/investor-state-mediation-task-force/

Posted by Laura Skillen in 2016, News

Investor to State Dispute Mediation – European Commission asks Member States to terminate their intra-EU bilateral investment treaties

The European Commission is taking action against the maintenance of intra-EU Bilateral Investment Treaties between EU Members States [read the press release…]

This is the first time in official EU communication that the idea of mediation in investor disputes has been raised.

This information will be reported during a Seminar, to be held on the 19th June in Brussels, convened by the Directorate General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA – European Commission) and focusing on Treatment of EU investors in the Single Market.

The seminar is targeted at stakeholders, academics, practitioners and policy makers, to exchange views on the standard of protection available for EU investors in the Single Market. IMI will be represented by IMI Certified Mediator, Barney Jordaan.

Posted by IMI Web Admin in 2015, News

Investor-State Mediation Task Force Convened

The IMI Independent Standards Commission has convened a Task Force to assist parties, their counsel and institutions to use mediation more effectively in investor-state dispute settlement. <Read More>

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.

Membership of the IMI Investor-State Mediation Task Force

Co-Chair: Anna Joubin-Bret, Partner, Foley Hoag, with a practice focus representing Sovereign States in international investment arbitrations. Former Senior Legal Adviser in the Investment & Enterprise Division at UNCTAD advising Governments on international investment policies and management of investor-State disputes. Former co-Chair of the IBA State Mediation Sub-Committee that prepared the 2012 IBA Rules for Investor-State Mediation. Paris.

Co-Chair: Barton Legum, Partner, Dentons. Head of Dentons’ investment treaty arbitration practice with a focus representing companies in international investment arbitrations. Former Chief of the NAFTA Arbitration Division at the US State Department. Chair of the ABA Section of International Law. Former co-Chair of the IBA State Mediation Sub-Committee that prepared the 2012 IBA Rules for Investor-State Mediation. Paris..

Suzana M. Blades, Senior Counsel Arbitrations, ConocoPhillips Company, US.

Prof. Jack J. Coe Jr., Pepperdine University School of Law, US.

Silvia Constain, Deputy Chief of Mission, Colombian Embassy, US.

Roberto Echandi, Global Product Leader, Investment Policy World Bank – US.

Prof. Susan D. Franck, Washington and Lee University School of Law – US.

Jason Fry, Co-Head, International Arbitration Group, Clifford Chance – France.

Patrick Green, Henderson Chambers – UK.

Fatma Khalifa, Egyptian State Lawsuits Authority – Egypt.

Meg Kinnear, Secretary-General, ICSID – US.

Jeremy Lack, ADR Neutral – Switzerland.

Annette Magnusson, Secretary General, Arbitration Institute, Stockholm Chamber of Commerce – Sweden.

Vilawan Mangklatanakul, Minister Counselor, Ministry of Foreign Affairs, Thailand.

Michael McIlwrath, Senior Counsel Litigation, GE Infrastructure Oil and Gas – Italy.

Karen Mills, Arbitrator, KarimSyah Law Firm, Jakarta – Indonesia.

Frauke Nitschke, Legal Counsel, ICSID – US.

Michael Ostrove, Head of Arbitration DLA Piper LLP Paris – France.

Mohamed Raouf, Secretary General, Cairo Regional Centre for International Commercial Arbitration.

Eduardo Silva Romero, Partner, International Arbitration, Dechert LLP Paris – France.

Margrete Stevens, Consultant on Investment Treaty matters, King & Spalding – US.

Hannah Tümpel, Manager, International Centre for ADR, ICC – France.

Vivekananda N., Deputy Registrar, Singapore International Arbitration Centre.

Prof. Nancy A. Welsh, Penn State University, Dickinson School of Law – US.

Posted by IMI Web Admin in 2014, News