최신자료
Ways to Promote Mediation in Investor-to-State Disputes
Mediation is an amicable dispute resolution tool that is speedy, cost-effective, flexible, and tailored to the needs of the disputing parties, which can facilitate trade and investment.
However, the merits of mediation may not be fully realized in investor-state disputes due to the unique characteristics of governments, including accountability concerns, diverse stakeholders, and transparent and equitable rule-based administration.
Mandatory mediation, clear mandates, coordination among line ministries, and the involvement of globally reputable institutions such as the International Centre for Settlement of Investment Disputes (ICSID) can enable a state to use mediation in investor-state disputes.
Ratifying the Singapore Convention on Mediation, which ensures the enforceability of mediated settlement agreements, can facilitate the broader use of mediation, including in investor-to-state disputes.
Capacity building for enhancing awareness of investment mediation should be carried out in a targeted, tailored, and systemic manner.
However, the merits of mediation may not be fully realized in investor-state disputes due to the unique characteristics of governments, including accountability concerns, diverse stakeholders, and transparent and equitable rule-based administration.
Mandatory mediation, clear mandates, coordination among line ministries, and the involvement of globally reputable institutions such as the International Centre for Settlement of Investment Disputes (ICSID) can enable a state to use mediation in investor-state disputes.
Ratifying the Singapore Convention on Mediation, which ensures the enforceability of mediated settlement agreements, can facilitate the broader use of mediation, including in investor-to-state disputes.
Capacity building for enhancing awareness of investment mediation should be carried out in a targeted, tailored, and systemic manner.
