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 underthe 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 abilateral 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 Gomez: 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 Resolutions Mediation Practice and Experience 7: Frauke Nitschke: The ICSID Conciliation Rules in Practice 8: Kaj Hober: 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 Fortun 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
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