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Mediation in International Commercial and Investment Disputes

Mediation in International Commercial and Investment Disputes

Author: Catharine Titi; Katia Fach Gomez
Publisher: Oxford University Press
ISBN: 9780198827955
Published In: July 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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In previous decades, the resolution of international commercial and investment disputes has been dominated by international arbitration. Mediation and conciliation have remained quietly in the background. Now, while a complementary mechanism, international mediation and conciliation has started to have wide currency compared to the past.

Mediation rules that have been in disuse begin to gain momentum, dispute settlement centres introduce and promote new mediation rules; the European Union is encouraging international mediation both in the commercial and investment sphere, and mediation provisions are included in secondary EU legislation and in the new EU international investment agreements (IIAs); a new initiative in the United Nations Commission on International Trade Law (UNCITRAL) aims to ensure enforcement of international commercial settlement agreements resulting from conciliation; the first investor-State disputes are mediated under the 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 a bilateral investment treaty; and, a new training market on mediation is flourishing.

As a consequence, academics, investment treaty negotiators, lawyers and disputing parties are becoming increasingly aware of this alternative method of dispute settlement.

Mediation in Commercial and Investment Disputes addresses this theme that has never before been so topical. It brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, who address the subject in all its complexity from a variety of angles.

Foreword, Edna Sussman

Part I. COMMERCIAL AND INVESTMENT MEDIATION: BOUNDARIES, TRENDS AND OUTLOOK
1: The Role of Mediation in International Commercial Disputes: Reflections on some Technological, Ethical, and Educational Challenges, Katia Fach Gómez
2: Between Utopia and Realism: Mediation and the Settlement of Investment Disputes, Catharine Titi
3: Applying the Lessons of International Commercial Arbitration to International Commercial Mediation. A Dispute System Design Analysis, S. I. Strong
4: Concurrent Co-Mediation-Toward a More Collaborative Centre of Gravity in Investor-State Dispute Resolution, Jack J. Coe, Jr.

Part II. MEDIATION RULES AND MEDIATION IN PRACTICE
5: ICC Mediation: Paving the Way Forward, Alina Leoveanu and Andrija Erac
6: The International Centre for Dispute Resolution´s Mediation Practice and Experience, Eric Tuchmann, Tracey B. Frisch, Giovanna Micheli, and Yanett Quiroz
7: The ICSID Conciliation Rules in Practice, Frauke Nitschke
8: Political Risk Insurance and Mediation, Kaj Hobér
9: The Growing Importance of Regional Mediation Centres in Asia, Danny McFadden
10: Mediation of Cross-Border Commercial Disputes in the European Union, Karen Vandekerckhove

Part III. SUBJECT-MATTER MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES
11: Mediation of Financial Disputes, Ilaria Forestieri and Philipp Paech
12: Mediating Sovereign Debt Disputes, Calliope Sudborough
13: Mediating International Energy Disputes, Peter Cameron and Abba Kolo
14: WIPO Mediation: Resolving International Intellectual Property and Technology Disputes Outside the Courts, Heike Wollgast and Ignacio de Castro
15: Mediation and Other ADR in International Construction Disputes, Alberto Fortún and Alfonso Iglesia

PART IV. SPECIAL TOPICS IN THE MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES
16: Selection of Mediators, Charles H. Brower II
17: The Confidentiality and Transparency Debate in Commercial and Investment Mediation, Chester Brown and Phoebe Winch
18: Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach, Joe Tirado and Elisa Vicente Maravall
19: New Singapore Convention on Cross-Border Mediated Settlements: Key Choices, Hal Abramson